Pretoria - An 86-year-old North West grandmother’s hopes of recovering R1.2million from a judge of the Gauteng High Court, Pretoria, who she claimed failed to act on her Road Accident Fund (RAF) claim nearly 30 years ago were dashed this week.
Koketo Frieda Moreotlotlo told the Pretoria News her one wish before she passed away was to recover the money she claimed was owed to her.
But Moreotlotlo lost her claim on a technical
ground against Judge Ramarumo Monama.
Judge Monama argued that the claim against him had prescribed, as it fell outside the three-year time frame which Moreotlotlo had to institute it.
Moreotlotlo had until August 2012 to institute her legal proceedings against the judge but summons was only issued in October 2012 - barely two months too late.
Moreotlotlo’s case was that on August 5,1989, she and other passengers were on their way to a political rally held by then Bophuthatswana president, Lucas Mangope.
READ MORE: Gran demands R1.2m from judge over failed RAF claim
The bus driver lost control and was involved in an accident in which Moreotlotlo was injured. She said she suffered head and chest injuries, and her ear was also partially ripped from her head.
She was in hospital for several weeks.
She said she approached Judge Monama, then an attorney practising in the area, to handle her claim against the RAF. She said nothing happened for about 10 years. On August 9, 2009, she instructed another lawyer to establish what happened to her claim.
By this time Judge Monama was a judge.
As her initial claim against the RAF had lapsed, she now claimed the money directly from him.
Limpopo Deputy Judge President F E Mokgohloa was called in to hear the matter.
She ruled in favour of Judge Monama on the point in law that the “new” claim had also lapsed.
Moreotlotlo will, however, be spared having to fork out the legal fees from her own pocket, as part will be paid by the Attorneys Fidelity Fund.
Judge Mokgohloa ordered that her new lawyers had to pay the rest.