IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG

CASE NO: 2021/49003

1. Reportable: No
2. Of interest to other judges: No
3. Revised
21 MAY 2025 

WRIGHT J

RAND MUTUAL ASSURANCE LTD					Plaintiff

and 

ROAD ACCIDENT FUND							Defendant

JUDGMENT

WRIGHT J 

1.	This trial is to be postponed as the defendant belatedly wishes to amend its plea. This issue was raised for the first time, today, when the case was called.

2.	Both sides agreed that the matter be postponed. It was agreed that the defendant file its notice under Rule 28(1) of its intention to amend by 11 June 2025 at 4pm.

3.	Adv ZD Maluleke for Rand Mutual asked that the defendant be ordered to pay the wasted costs of trial on the attorney and client scale, including the costs of counsel.

4.	Mr Klaas, for the Fund argued against attorney and client costs but in my view there is no answer to a request for punitive costs.

ORDER

1.	The trial is postponed sine die.

2.	The defendant is to file its notice under Rule 28(1) of its intention to amend by 11 June 2025 at 4pm.

3.	The defendant is to pay the plaintiff’s wasted costs of trial on the attorney and client scale, including costs of counsel.

GC Wright 
Judge of the High Court 
Gauteng Division, Johannesburg

HEARD:		21 MAY 2025
DELIVERED:	21 MAY 2025
APPEARANCES :
Plaintiff 		Adv ZD Maluleke
			adv.malulekezd222gmail.com
			081 726 4422
Instructed by	Mamuthuntsha Attorneys
			info@mamathuntshaatt.co.za 
			011 492 0622

Defendant		Att Lutho Klaas
			067 383 2849
 			Luthok@raf.co.za 
Instructed by 	Road Accident Fund
			State Attorney