After years of living in South Africa, a Malawian man’s fight for justice has finally paid off—despite all odds and a last-minute attempt to undo his legal win.

A Life Built in South Africa

Charles Jeka Chipofya isn’t just passing through South Africa—he’s made a life here.

Arriving in 1994, he married a South African woman in 2008 and together they have two children.

But even after decades in the country, he never managed to get South African citizenship.

According to the Western Cape High Court, the country’s system has been plagued by abuse, which may have played a part in his struggle to get documented.

A Devastating Car Crash Turns Life Upside Down

In September 2016, Chipofya was seriously injured in a road accident in Plettenberg Bay.

Seeking compensation, he filed a claim with the Road Accident Fund (RAF)—the state-backed insurer meant to help people injured in accidents.

In November 2022, RAF agreed to settle the claim for just over R1.4 million. A judge signed off on the agreement in January 2023.

Then RAF Pulled the Plug

But what should have been a closed case took a strange turn.

Months after the court signed off on the settlement, RAF suddenly changed its tune.

They claimed they hadn’t realized Chipofya was undocumented at the time of the deal and insisted they were misled into agreeing.

Their solution? They asked the court to cancel the R1.4 million award.

Different Names Raise Red Flags

RAF’s concerns were based on something they said didn’t quite add up—Chipofya submitted a passport under the name “Charles Chipeta,” while court records showed him as “Charles Jeka Chipofya.”

That triggered an investigation which revealed he had two passports, each under a different name. Chipofya claimed it was just a mistake during data capturing, but RAF wasn’t convinced.

They dismissed his explanation, calling it “unlikely.”

Immigration Records Add to the Confusion

RAF dug even deeper.

They found that one of the passports had expired way back in 2012, and the other one was issued after the 2016 crash.

On top of that, there were no official records showing he’d entered or exited South Africa legally.

RAF used that to suggest Chipofya wasn’t even in the country legally at the time of the accident—or perhaps not in the country at all.

Court Says: No Fraud, No Error, No Reversal

But despite all the questions, the court wasn’t buying RAF’s argument.

The judge ruled that there was no evidence showing that the original order was made by mistake or that Chipofya had intentionally tried to deceive anyone.

Bottom line: the R1.4 million award stands.

RAF’s Warning Falls Flat

RAF tried to sound the alarm, saying that allowing undocumented immigrants to claim accident damages could burden the state’s finances.

Still, the court was clear—the original decision was made lawfully, based on the information presented at the time.

That’s what matters.

So, What Happens Now?

Chipofya gets to keep the R1.4 million awarded to him for his injuries.

While RAF may not be happy with the outcome, the ruling could set an important precedent.

For now, it’s a reminder that even those living in legal limbo still have the right to justice when harmed.