LPL4802 May June Exam Portfolio 2025 – Die 29 May 2025

LPL4802
MAY EXAM 29 MAY 2025
QUESTION 1

Critically discuss Ngubane v RAF 2022 (5) SA 231 (GJ), a copy of which is
provided for your reference. Your answer must clearly demonstrate that you
have read and understood the case.

ANSWER

1. Facts of the Case

On 27 February 2019, Simphiwe Ngubane was struck by a VW Polo in Soweto and
sustained serious injuries. He instituted action against the RAF on 11 August 2020,
served summons on 14 August 2020, but the RAF never delivered a plea. Ngubane
died on 25 February 2021 and was substituted by his executor, who then applied for
default judgment on general damages¹.
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1
Judgment paras [2]–[7].