Manukha v Road Accident Fund (285/2016) [2017] ZASCA 21; 2017 (4) SA 453 (SCA) (24 March 2017)

Manukha v Road Accident Fund (285/2016) [2017] ZASCA 21; 2017 (4) SA 453 (SCA) (24 March 2017)

The Supreme Court of Appeal held that the claim for non-pecuniary loss forms part of a unitary claim for compensation under the Road Accident Fund Act and does not constitute a separate and discrete claim. The late filing of the RAF4 form does not result in prescription of the claim for non-pecuniary loss, provided that the original claim (RAF1 form) was lodged and action was instituted within the statutory periods prescribed by s 23 of the Act. The regulations allow for the serious injury assessment report to be submitted separately, and there is no provision in the regulations for prescription of the claim based on late submission of the RAF4 form. The high court erred in upholding the...

Citation
[2017] ZASCA 21
Parties
Appellant: Ntsieni Josephine Manukha; Respondent: Road Accident Fund
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
24 March 2017
Case Number
285/2016
Procedural Posture
Civil Appeal / Appeal From Limpopo Local Division of the High Court, Thohoyandou
Outcome
Appeal upheld; order of the high court set aside and substituted.
Judges
Leach, Tshiqi, Theron, Petse, Molemela
Legal Topics
Road Accident Fund Act, Prescription of Claims, Non Pecuniary Loss, Serious Injury Assessment, Raf4 Form, Unitary Claims
Civil Procedure Delict Road Accident Fund Act Prescription of Claims Non Pecuniary Loss Serious Injury Assessment Raf4 Form Unitary Claims

Case Brief

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Parties

Ntsieni Josephine Manukha

Appellant

Road Accident Fund

Respondent

Procedural Posture

Civil Appeal / Appeal From Limpopo Local Division of the High Court, Thohoyandou

Legal Issues

  1. 1 Whether a claim for general damages under s 17(1)(b) of the Road Accident Fund Act 56 of 1996 had prescribed due to late lodgement of the RAF4 form.
  2. 2 Whether the claim for non-pecuniary loss constitutes a separate and discrete claim or forms part of a unitary claim for compensation.
  3. 3 Whether the late filing of the serious injury assessment report (RAF4 form) results in prescription of the claim for non-pecuniary loss.

Ratio Decidendi

The Supreme Court of Appeal held that the claim for non-pecuniary loss forms part of a unitary claim for compensation under the Road Accident Fund Act and does not constitute a separate and discrete claim. The late filing of the RAF4 form does not result in prescription of the claim for non-pecuniary loss, provided that the original claim (RAF1 form) was lodged and action was instituted within the statutory periods prescribed by s 23 of the Act. The regulations allow for the serious injury assessment report to be submitted separately, and there is no provision in the regulations for prescription of the claim based on late submission of the RAF4 form. The high court erred in upholding the...

Court Disposition

Appeal upheld; order of the high court set aside and substituted.

Orders

  • The appeal is upheld with costs.
  • The order of the high court is set aside and substituted with: 'The special plea of prescription is dismissed with costs.'