Cromhout v Multilateral Motor Vehicle Accidents Fund, Santam Beperk v Williams (159/96, 445/96) [1997] ZASCA 77; [1997] 4 All SA 491 (A) (26 September 1997)

Cromhout v Multilateral Motor Vehicle Accidents Fund, Santam Beperk v Williams (159/96, 445/96) [1997] ZASCA 77; [1997] 4 All SA 491 (A) (26 September 1997)

The Supreme Court of Appeal held that the 1991 amendment to article 47 of the Multilateral Motor Vehicle Accidents Fund agreement did not operate retroactively. The amendment created a new right for pedestrian workmen to claim third party compensation without the previous statutory limitation, but this right only applied to accidents occurring after the effective date of the amendment. The Court found no express or implied intention in the language of the amendment to apply it to claims arising before 1 November 1991. Applying the general presumption against retroactivity, the Court concluded that claims by pedestrian workmen injured before the amendment remained subject to the...

Citation
[1997] ZASCA 77
Parties
Appellant: Meric Antony Cromhout; Respondent: Multilateral Motor Vehicle Accidents Fund; Appellant: Santam Beperk; Respondent: Eunite Williams
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 September 1997
Case Number
159/96, 445/96
Procedural Posture
Civil Appeal / Appeal From Provincial Divisions; Joint Appeals Heard and Decided
Outcome
The appeal in Cromhout v Multilateral Motor Vehicle Accidents Fund is dismissed with costs. The appeal in Santam Beperk v Eunite Williams is upheld with costs; the order of the court a quo is set aside and replaced with an order dismissing the claim with costs.
Judges
Smalberger, Howie, Olivier, Zulman, Streicher
Legal Topics
Statutory Interpretation, Retroactivity of Legislation, Workmens Compensation, Third Party Liability, Motor Vehicle Accident Fund
Civil Procedure Insurance Law Statutory Interpretation Retroactivity of Legislation Workmens Compensation Third Party Liability Motor Vehicle Accident Fund

Case Brief

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Parties

Meric Antony Cromhout

Appellant

Multilateral Motor Vehicle Accidents Fund

Respondent

Santam Beperk

Appellant

Eunite Williams

Respondent

Procedural Posture

Civil Appeal / Appeal From Provincial Divisions; Joint Appeals Heard and Decided

Legal Issues

  1. 1 Does the 1991 amendment to article 47 of the Multilateral Motor Vehicle Accidents Fund agreement apply retroactively to claims by pedestrian workmen injured before the amendment but pending after its effective date?
  2. 2 Is a pedestrian workman injured before 1 November 1991 entitled to unlimited third party compensation or is the claim subject to the pre-amendment statutory limitation?

Ratio Decidendi

The Supreme Court of Appeal held that the 1991 amendment to article 47 of the Multilateral Motor Vehicle Accidents Fund agreement did not operate retroactively. The amendment created a new right for pedestrian workmen to claim third party compensation without the previous statutory limitation, but this right only applied to accidents occurring after the effective date of the amendment. The Court found no express or implied intention in the language of the amendment to apply it to claims arising before 1 November 1991. Applying the general presumption against retroactivity, the Court concluded that claims by pedestrian workmen injured before the amendment remained subject to the...

Court Disposition

The appeal in Cromhout v Multilateral Motor Vehicle Accidents Fund is dismissed with costs. The appeal in Santam Beperk v Eunite Williams is upheld with costs; the order of the court a quo is set aside and replaced with an order dismissing the claim with costs.

Orders

  • The appeal in Cromhout v Multilateral Motor Vehicle Accidents Fund is dismissed with costs.
  • The appeal in Santam Beperk v Eunite Williams is upheld with costs.