Engelbrecht v Road Accident Fund and Another (CCT57/06) [2007] ZACC 1; 2007 (6) SA 96 (CC); 2007 (5) BCLR 457 (CC) (6 March 2007)

Engelbrecht v Road Accident Fund and Another (CCT57/06) [2007] ZACC 1; 2007 (6) SA 96 (CC); 2007 (5) BCLR 457 (CC) (6 March 2007)

Regulation 2(1)(c) of the Road Accident Fund Act regulations, which requires a claimant in a hit-and-run case to submit an affidavit to the police within 14 days after being in a position to do so, constitutes a limitation of the right of access to courts protected by section 34 of the Constitution. The 14-day period is unreasonably short and unfair, especially for the majority of claimants who are unlikely to be aware of the regulation. The double qualification ('if reasonably possible' and 'in a position to do so') does not sufficiently mitigate the harshness of the time limit. The respondents failed to show that the limitation is reasonable and justifiable in an open and democratic...

Citation
[2007] ZACC 1
Parties
Applicant: Renier Albertus Hermanus Engelbrecht; Respondent: Road Accident Fund; Respondent: Minister of Transport
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
6 March 2007
Case Number
CCT57/06
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Directly to the Constitutional Court From the Cape High Court
Outcome
Application for leave to appeal granted. Appeal upheld. Regulation 2(1)(c) declared invalid. High Court order set aside. Special plea dismissed. Case remitted to Cape High Court for determination of the claim.
Judges
Kondile AJ, Langa CJ, Moseneke DCJ, Madala J, Mokgoro J, Nkabinde J, O'Regan J, Sachs J, Van Heerden AJ, Van der Westhuizen J, Yacoob J
Legal Topics
Right of Access to Courts, Road Accident Fund Act, Delegated Legislation, Limitation of Rights, Regulation Invalidity
Constitutional Law Civil Procedure Right of Access to Courts Road Accident Fund Act Delegated Legislation Limitation of Rights Regulation Invalidity

Case Brief

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Parties

Renier Albertus Hermanus Engelbrecht

Applicant

Road Accident Fund

Respondent

Minister of Transport

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Directly to the Constitutional Court From the Cape High Court

Legal Issues

  1. 1 Whether regulation 2(1)(c) of the Road Accident Fund Act regulations unreasonably and unjustifiably limits the right of access to courts under section 34 of the Constitution.
  2. 2 Whether the Minister had the power to impose the 14-day affidavit requirement for unidentified driver claims.
  3. 3 Whether the double qualification in regulation 2(1)(c) ('if reasonably possible' and 'in a position to do so') renders the regulation constitutionally valid.

Ratio Decidendi

Regulation 2(1)(c) of the Road Accident Fund Act regulations, which requires a claimant in a hit-and-run case to submit an affidavit to the police within 14 days after being in a position to do so, constitutes a limitation of the right of access to courts protected by section 34 of the Constitution. The 14-day period is unreasonably short and unfair, especially for the majority of claimants who are unlikely to be aware of the regulation. The double qualification ('if reasonably possible' and 'in a position to do so') does not sufficiently mitigate the harshness of the time limit. The respondents failed to show that the limitation is reasonable and justifiable in an open and democratic...

Court Disposition

Application for leave to appeal granted. Appeal upheld. Regulation 2(1)(c) declared invalid. High Court order set aside. Special plea dismissed. Case remitted to Cape High Court for determination of the claim.

Orders

  • The application for leave to appeal is granted.
  • The appeal is upheld with costs including the costs of two counsel.