Eksteen v Road Accident Fund (4972/2016) [2020] ZAFSHC 181 (22 October 2020)

Eksteen v Road Accident Fund (4972/2016) [2020] ZAFSHC 181 (22 October 2020)

The court found that divergent judicial interpretations of section 2(1)(e)(ii) of the Road Accident Fund (Transitional Provisions) Act, both within the Free State Division and in other divisions, constitute a compelling reason to grant leave to appeal. The Full Court's interpretation requires withdrawal of the Magistrate's Court action before instituting a High Court claim for uncapped damages, with failure to do so exposing the claimant to special pleas of prescription and lis pendens. However, the existence of conflicting judgments and the potential persuasive authority of the Full Court's decision justify granting leave to appeal to the Supreme Court of Appeal for final determination...

Citation
[2020] ZAFSHC 181
Parties
Applicant: Johan Sebastiaan Eksteen; Respondent: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
22 October 2020
Case Number
4972/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal Following Dismissal of High Court Action by Full Court.
Outcome
Leave to appeal to the Supreme Court of Appeal is granted; late filing is condoned; costs are to be costs in the appeal.
Judges
MUSI, LOUBSER, MURRAY
Legal Topics
Road Accident Fund Act, Prescription, Lis Pendens, Transitional Provisions, Leave to Appeal, Superior Courts Act
Civil Procedure Land and Property Road Accident Fund Act Prescription Lis Pendens Transitional Provisions Leave to Appeal Superior Courts Act

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Parties

Johan Sebastiaan Eksteen

Applicant

Road Accident Fund

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal Following Dismissal of High Court Action by Full Court.

Legal Issues

  1. 1 Whether section 2(1)(e)(ii) of the Road Accident Fund (Transitional Provisions) Act 15 of 2012 requires withdrawal of a Magistrate's Court action before instituting a High Court action for uncapped damages.
  2. 2 Whether the permissive language of section 2(1)(e)(ii) protects claimants from special pleas of prescription and lis pendens when the Magistrate's Court action is not withdrawn.
  3. 3 Whether divergent judicial interpretations of section 2(1)(e)(ii) constitute a compelling reason for granting leave to appeal.

Ratio Decidendi

The court found that divergent judicial interpretations of section 2(1)(e)(ii) of the Road Accident Fund (Transitional Provisions) Act, both within the Free State Division and in other divisions, constitute a compelling reason to grant leave to appeal. The Full Court's interpretation requires withdrawal of the Magistrate's Court action before instituting a High Court claim for uncapped damages, with failure to do so exposing the claimant to special pleas of prescription and lis pendens. However, the existence of conflicting judgments and the potential persuasive authority of the Full Court's decision justify granting leave to appeal to the Supreme Court of Appeal for final determination...

Court Disposition

Leave to appeal to the Supreme Court of Appeal is granted; late filing is condoned; costs are to be costs in the appeal.

Orders

  • The late filing of the application for leave to appeal is condoned.
  • Leave to appeal to the Supreme Court of Appeal is granted.