29/11/2025
Limpopo man loses RAF claim after court finds car attack stemmed from tavern brawl
A Limpopo man has lost his Road Accident Fund (RAF) claim after a court ruled that he was not a victim of a hit-and-run accident, but rather the target of a violent confrontation that escalated into a car attack.
The incident happened at Fish Point Tavern in Vleifontein, Louis Trichardt, in the early hours of January 1, 2019. Oscar Mashengani was struck by a car driven by Tendani Edwin Ramunenyiwa, following an argument that began over a simple bucket used to carry leftover alcohol.
According to testimony, the tavern owner had switched off the music and asked patrons to leave. Mashengani asked to borrow a bucket to take his remaining liquor, a request that was approved. Ramunenyiwa disagreed with this, leading to a heated argument that later turned physical.
After bystanders separated the two men, Ramunenyiwa went to his car, drove it toward Mashengani and his friends, and struck Mashengani. Witnesses said he attempted to drive into him a second time but was stopped by people at the scene. Mashengani was rushed to a nearby clinic, and an attempted murder case was opened against Ramunenyiwa.
When questioned by police, Mashengani admitted to slapping Ramunenyiwa during the fight. His statement was supported by two friends who witnessed the confrontation.
However, when he later filed his RAF claim, Mashengani described the incident as a hit-and-run and did not disclose the earlier fight. In court, he appeared as the only witness, and his testimony conflicted with both his police statement and the affidavits of his friends.
The judge noted several inconsistencies, including his claim that he was not drunk despite saying he had been drinking from midday until early morning. The court found his version unreliable and concluded that the driver had intentionally used the vehicle as a weapon, making it a criminal attack rather than an accident caused by negligence.
Because the RAF only compensates victims of negligent driving, not intentional harm, Mashengani’s claim was dismissed.