Makuapane v Road Accident Fund (9077/2022) [2023] ZAGPPHC 15 (19 January 2023)

Makuapane v Road Accident Fund (9077/2022) [2023] ZAGPPHC 15 (19 January 2023)

The applicant is entitled to a mandamus compelling the Road Accident Fund to make a decision on the Serious Injury Assessment Report (RAF 4 form) as required by Regulation 3(3)(c) and (d) of the Road Accident Fund Act and its Regulations. The RAF's failure to act constitutes administrative action reviewable under PAJA, but the applicant must first exhaust internal remedies by referring any dispute to the Health Professions Council of South Africa (HPCSA) appeal tribunal as prescribed. Non-compliance with a court order by the RAF does not result in a deemed acceptance of the applicant's injuries as serious; the proper remedy is a formal review under PAJA after internal remedies are...

Citation
[2023] ZAGPPHC 15
Parties
Applicant: Boy Makuapane; Respondent: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 January 2023
Case Number
9077/2022
Procedural Posture
Urgent Application / Unopposed Motion Court; Application for Mandamus Prior to Trial
Outcome
Application granted. Mandamus issued compelling the Road Accident Fund to make a decision on the applicant's Serious Injury Assessment Report within three days of service of the order. Costs awarded against the respondent.
Judges
N Davis
Legal Topics
Road Accident Fund Act, Serious Injury Assessment, Mandamus, Promotion of Administrative Justice Act, Exhaustion of Internal Remedies
Civil Procedure Delict Road Accident Fund Act Serious Injury Assessment Mandamus Promotion of Administrative Justice Act Exhaustion of Internal Remedies

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Parties

Boy Makuapane

Applicant

Road Accident Fund

Respondent

Procedural Posture

Urgent Application / Unopposed Motion Court; Application for Mandamus Prior to Trial

Legal Issues

  1. 1 Whether the Road Accident Fund is obliged to make a decision on the applicant's Serious Injury Assessment Report (RAF 4 form).
  2. 2 Whether failure by the RAF to make such a decision entitles the applicant to a mandamus.
  3. 3 Whether non-compliance with a court order by the RAF results in a deemed acceptance of the applicant's injuries as serious.

Ratio Decidendi

The applicant is entitled to a mandamus compelling the Road Accident Fund to make a decision on the Serious Injury Assessment Report (RAF 4 form) as required by Regulation 3(3)(c) and (d) of the Road Accident Fund Act and its Regulations. The RAF's failure to act constitutes administrative action reviewable under PAJA, but the applicant must first exhaust internal remedies by referring any dispute to the Health Professions Council of South Africa (HPCSA) appeal tribunal as prescribed. Non-compliance with a court order by the RAF does not result in a deemed acceptance of the applicant's injuries as serious; the proper remedy is a formal review under PAJA after internal remedies are...

Court Disposition

Application granted. Mandamus issued compelling the Road Accident Fund to make a decision on the applicant's Serious Injury Assessment Report within three days of service of the order. Costs awarded against the respondent.

Orders

  • The respondent is directed to, within three days from date of service of this order, make a decision and transmit same to the applicant's attorney of record in writing, in respect of whether or not the applicant's injuries are assessed as serious or not in terms of Regulations 3(3)(c) and 3(3)(d) of the Road...
  • In so doing, the respondent must: (1) determine whether it is satisfied that the applicant's injuries have been assessed as serious and accepts that the applicant qualifies to claim non-pecuniary loss; (2) alternatively, reject the applicant's Serious Injury Assessment Report (RAF 4 form) and furnish written reasons...