Mahlangu N.O obo Mahlangu v RAF (67880/14) [2020] ZAGPPHC 7 (15 January 2020)

Mahlangu N.O obo Mahlangu v RAF (67880/14) [2020] ZAGPPHC 7 (15 January 2020)

The court found that the defendant failed to exercise its administrative function by not making an election to accept or reject the RAF4 form as required by Regulation 3 of the Road Accident Fund Act. The assessment of serious injury is an administrative decision for the Fund, not the court. Since the defendant did...

Source-derived case information.

Citation
[2020] ZAGPPHC 7
Parties
Plaintiff: Albert Jabhi Mahlangu N.O.; Applicant: Michael Mahlangu; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 January 2020
Case Number
67880/14
Procedural Posture
Civil Trial / Special Plea on Compliance With RAF Act and Regulations
Outcome
Special plea dismissed. Defendant ordered to comply with regulations and refer general damages to the Health Professions Council. Defendant to pay costs on attorney and client scale.
Judges
N.M. Mavundla
Legal Topics
Road Accident Fund Act, Serious Injury Assessment, General Damages, Administrative Action, Regulation 3 Compliance
Civil Procedure Delict Road Accident Fund Act Serious Injury Assessment General Damages Administrative Action Regulation 3 Compliance

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Summary, issues, holding and outcome

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Parties

Albert Jabhi Mahlangu N.O.

Plaintiff

Michael Mahlangu

Applicant

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Special Plea on Compliance With RAF Act and Regulations

Legal Issues

  1. 1 Whether the plaintiff complied with Regulation 3 of the Road Accident Fund Act regarding assessment of serious injury.
  2. 2 Whether the defendant is entitled to rely on its special plea in the absence of a formal rejection of the RAF4 form.
  3. 3 Whether the court has jurisdiction to determine the seriousness of the injury absent a decision by the Road Accident Fund.

Ratio Decidendi

The court found that the defendant failed to exercise its administrative function by not making an election to accept or reject the RAF4 form as required by Regulation 3 of the Road Accident Fund Act. The assessment of serious injury is an administrative decision for the Fund, not the court. Since the defendant did not reject the RAF4, the plaintiff was prevented from pursuing the internal appeals process. The absence of a physical assessment due to the claimant's death does not absolve the defendant from its statutory obligations. The special plea was dismissed, and the defendant was ordered to make a decision in terms of the regulations and refer general damages to the Health...

Court Disposition

Special plea dismissed. Defendant ordered to comply with regulations and refer general damages to the Health Professions Council. Defendant to pay costs on attorney and client scale.

Orders

  • The special plea is dismissed.
  • The defendant is ordered to make a decision in terms of regulations.