Road Accident Fund Amendment Act, 2005

Delict – damages – whether the respondent sustained a mild or moderate
traumatic brain injury – expert evidence – approach to their evidence restated – expert
opinions must be based upon facts that have been established by way of admissible
evidence.

Section 2(1)(e)(ii) of the Road Accident Fund (Transitional Provisions)
Act 15 of 2012 – whether obligatory for a plaintiff affected by the section to first
withdraw the action instituted in a magistrate’s court prior to issuing summons in
the high court – whether prescription nevertheless commences to run even if action
instituted in a magistrate’s court has not been withdrawn