Barnard obo Cakwebe v Road Accident Fund (2916/2013) [2016] ZAECPEHC 71; 2017 (1) SA 245 (ECP) (25 October 2016)

Barnard obo Cakwebe v Road Accident Fund (2916/2013) [2016] ZAECPEHC 71; 2017 (1) SA 245 (ECP) (25 October 2016)

Section 17(4)(a) of the Road Accident Fund Act is not limited to health-related services regulated by tariffs under the National Health Act. The phrase 'in accordance with the tariff contemplated in subsection (4B)' serves only to restrict the Fund's liability for services subject to prescribed tariffs, not to confine the scope of the undertaking. The legislative history and established judicial interpretation support a broad reading that includes the costs of a domestic assistant and a curator bonis. The restrictive interpretation adopted in Mphirime is rejected. The undertaking furnished by the defendant must cover both the future costs of a domestic assistant and the full costs of a...

Citation
[2016] ZAECPEHC 71
Parties
Plaintiff: Nicola Barnard N.O. obo Khanyise Given Cakwebe; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
25 October 2016
Case Number
2916/2013
Procedural Posture
Civil Trial / Quantum and Scope of Undertaking Under S 17(4)(a) RAF Act
Outcome
The court finds that section 17(4)(a) of the RAF Act permits an undertaking to cover the future costs of a domestic assistant and the full costs of a curator bonis. The previous order is amended accordingly.
Judges
Goosen
Legal Topics
Road Accident Fund Act, Future Medical Expenses, Statutory Interpretation, Curator Bonis Costs, Domestic Assistant Claims
Civil Procedure Delict Road Accident Fund Act Future Medical Expenses Statutory Interpretation Curator Bonis Costs Domestic Assistant Claims

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Parties

Nicola Barnard N.O. obo Khanyise Given Cakwebe

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum and Scope of Undertaking Under S 17(4)(a) RAF Act

Legal Issues

  1. 1 Does section 17(4)(a) of the Road Accident Fund Act permit an undertaking to cover the future costs of a domestic assistant?
  2. 2 Does the undertaking under section 17(4)(a) extend to the costs of a curator bonis?
  3. 3 Does the phrase 'in accordance with the tariff contemplated in subsection (4B)' restrict the ambit of the undertaking only to health services?

Ratio Decidendi

Section 17(4)(a) of the Road Accident Fund Act is not limited to health-related services regulated by tariffs under the National Health Act. The phrase 'in accordance with the tariff contemplated in subsection (4B)' serves only to restrict the Fund's liability for services subject to prescribed tariffs, not to confine the scope of the undertaking. The legislative history and established judicial interpretation support a broad reading that includes the costs of a domestic assistant and a curator bonis. The restrictive interpretation adopted in Mphirime is rejected. The undertaking furnished by the defendant must cover both the future costs of a domestic assistant and the full costs of a...

Court Disposition

The court finds that section 17(4)(a) of the RAF Act permits an undertaking to cover the future costs of a domestic assistant and the full costs of a curator bonis. The previous order is amended accordingly.

Orders

  • Paragraph 3 of the order made on 17 October 2016 is amended to require the defendant to furnish an undertaking in terms of section 17(4)(a) of Act 56 of 1996, limited to 80%, for the future accommodation of the plaintiff in a hospital or nursing home or treatment of or rendering of a service or supplying of goods to...
  • The undertaking shall include the costs of a curator bonis, if appointed, as may be allowed by law, provided that the costs of the curator bonis shall not be limited to 80%.