The Western Cape High Court has dismissed the Road Accident Fund’s (RAF’s) application to rescind a R1.4 million payment awarded to an undocumented Malawian man injured in a car crash.
Charles Jeka Chipofya, a Malawian national, has lived in South Africa since 1994. He married a South African woman in 2008, and they have two children, according to an IOL report.
Despite his long stay, he failed to secure South African citizenship due to what the court noted as widespread abuse of the system by some foreign nationals.
RAF Agreed to Settlement, Then Backtracked
Chipofya suffered serious injuries in a road accident in Plettenberg Bay in September 2016.
He filed a claim with RAF, and in November 2022, both parties agreed to a proposed settlement of over R1.4 million. A court confirmed the order in January 2023.
However, RAF later withdrew its consent, claiming it had discovered Chipofya’s undocumented status only after the judgment.
The RAF asked the court to rescind the order, claiming it was misled.
Discrepancies in Identity Spark Suspicion
RAF said Chipofya submitted a passport under the name “Charles Chipeta,” raising concerns when compared to court documents identifying him as “Charles Jeka Chipofya.”
Upon investigation, RAF found that he held two passports with different names.
When questioned, Chipofya claimed a data capture error caused the inconsistency. RAF rejected this explanation, calling it improbable.
Immigration Records Raise More Doubts
RAF’s investigation showed that one passport had expired in 2012, and the other appeared to have been issued after the accident.
Movement records did not show Chipofya legally exiting or re-entering the country.
RAF argued this suggested he was either not in South Africa at the time of the accident or was staying in the country illegally.
Court Rejects RAF’s Bid to Overturn Judgment
Despite these concerns, the court ruled against RAF.
The judge found no evidence that the initial order was granted in error or that Chipofya acted fraudulently. The court upheld the R1.4 million award.
RAF warned that allowing undocumented immigrants to claim damages would place an undue burden on the state.
The court maintained that it lawfully granted the order based on the facts available at the time.
Do you think immigration status should affect the right to claim compensation after a road accident?
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