Lategan v Jansen Van Rensburg and Others (1499/2012) [2016] ZAECGHC 69 (8 September 2016)

Lategan v Jansen Van Rensburg and Others (1499/2012) [2016] ZAECGHC 69 (8 September 2016)

The court held that the statutory exclusions under the Road Accident Fund Act and COIDA preclude the plaintiff from suing the bus company for personal injuries arising from the driving of a motor vehicle. These exclusions also prevent the defendant from seeking a contribution from the bus company, as the RAF stands in place of the common law wrongdoer. The defendant's right to contribution is preserved only against the RAF, which has already been joined as a third party. The legislative scheme does not permit a cause of action for contribution against a party who cannot be liable to the plaintiff. Accordingly, the application to join the bus company as a third party was dismissed.

Citation
[2016] ZAECGHC 69
Parties
Applicant: Christo Lategan; Respondent: Jacobus Cornelius Jansen Van Rensburg; Respondent: Intercape Ferreira Main Liner (Pty) Ltd; Respondent: Road Accident Fund
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
8 September 2016
Case Number
1499/2012
Procedural Posture
Civil Application / Application for Leave to Serve Third Party Notice After Close of Pleadings
Outcome
Application against the second respondent (bus company) dismissed with costs.
Judges
M J Lowe
Legal Topics
Third Party Procedure, Apportionment of Damages Act, Road Accident Fund Act, Vicarious Liability, Contributory Negligence
Civil Procedure Delict Third Party Procedure Apportionment of Damages Act Road Accident Fund Act Vicarious Liability Contributory Negligence

Case Brief

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Parties

Christo Lategan

Applicant

Jacobus Cornelius Jansen Van Rensburg

Respondent

Intercape Ferreira Main Liner (Pty) Ltd

Respondent

Road Accident Fund

Respondent

Procedural Posture

Civil Application / Application for Leave to Serve Third Party Notice After Close of Pleadings

Legal Issues

  1. 1 Whether the defendant may join the bus company as a third party for contribution after pleadings have closed.
  2. 2 Whether statutory exclusions under the Road Accident Fund Act and COIDA preclude the defendant from seeking contribution from the bus company.
  3. 3 Whether the defendant's right to contribution from joint wrongdoers is affected by the plaintiff's statutory limitations.

Ratio Decidendi

The court held that the statutory exclusions under the Road Accident Fund Act and COIDA preclude the plaintiff from suing the bus company for personal injuries arising from the driving of a motor vehicle. These exclusions also prevent the defendant from seeking a contribution from the bus company, as the RAF stands in place of the common law wrongdoer. The defendant's right to contribution is preserved only against the RAF, which has already been joined as a third party. The legislative scheme does not permit a cause of action for contribution against a party who cannot be liable to the plaintiff. Accordingly, the application to join the bus company as a third party was dismissed.

Court Disposition

Application against the second respondent (bus company) dismissed with costs.

Orders

  • The application against Second Respondent is dismissed with costs.