Limpopo Man Loses RAF Payout After Court Rules He Was Hit Intentionally During Tavern Fight

A Limpopo man has lost his bid for compensation from the Road Accident Fund (RAF) after the North Gauteng High Court in Pretoria ruled that he was not a victim of a hit-and-run incident.

Instead, the court concluded that he had been embroiled in a tavern brawl in which a vehicle was deliberately used as a weapon.

Oscar Mashengani was struck by a car in the early hours of 1 January 2019 outside Fish Point Tavern in Vleifontein, Louis Trichardt. The collision occurred shortly after a fight broke out between him and another patron, Tendani Edwin Ramunenyiwa.

The altercation started when the tavern owner switched off the music and asked Mashengani and his friends to leave.

Mashengani requested a bucket to carry away his remaining liquor, and the owner agreed. However, Ramunenyiwa objected, sparking an argument that quickly escalated into a physical confrontation.

High Court Rejects Limpopo Man’s ‘Hit-and-Run’ Version

After the men were separated, Ramunenyiwa allegedly got into his car and drove directly at Mashengani and his friends, hitting Mashengani.

Bystanders reportedly stopped him when he attempted to run Mashengani over a second time. Mashengani was taken to the Vleifontein clinic, and an attempted murder case was opened.

In his police statement, Mashengani admitted to slapping Ramunenyiwa during the fight. He told officers:

“While I was on the gravel road with my friends, I noticed that there was a white private car that was running towards me and my friends. The vehicle came straight at me, and I was walking from the side of the road.”

His account was supported by two friends who witnessed the incident. But when filing his RAF claim, Mashengani failed to disclose the fight and instead stated he had been the victim of a hit-and-run.

“The accident occurred when a white private motor vehicle coming from behind hit my left leg and I rolled on the ground,” he said in his claim.

Judge Finds Plaintiff’s Testimony Unreliable

In court, Mashengani testified alone, and his narrative departed from the statements given to police. He disputed his friends’ version about being asked to leave the tavern and denied being intoxicated, despite admitting he had been drinking from midday until early the next morning.

Judge Graham Nasious Moshoana rejected his evidence, saying, “This court is not satisfied with the credibility of the plaintiff’s evidence. Firstly, his oral evidence is inconsistent with his own version given under oath in the statement and the Section 19(f) affidavit.

Secondly, his oral evidence is diametrically opposed to the sworn statements by his friends, who were with him at all material times.”

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The judge added that Mashengani’s claim of sobriety was difficult to accept. He further ruled that the available evidence showed the driver intentionally used the vehicle as a weapon, supporting the attempted murder charge rather than reckless or negligent driving.

“The fact that an attempted murder case was registered, investigated and presented to court for prosecution and adjudication is in of itself an inadvertent revelation that the alleged insured driver intended to hit the plaintiff with a motor-vehicle,” said Judge Moshoana.

The court ultimately found that Mashengani failed to prove negligence by the driver—an essential requirement for RAF liability—and dismissed his claim.

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