Masindi v Road Accident Fund (21738/2014) [2015] ZAGPJHC 112 (12 June 2015)

Masindi v Road Accident Fund (21738/2014) [2015] ZAGPJHC 112 (12 June 2015)

The court held that the silence of Section 23(3) of the Road Accident Fund Act regarding the last day of the prescription period falling on a public holiday necessitates the application of Section 4 of the Interpretation Act 33 of 1957. This provision ensures that if the last day falls on a public holiday, it is excluded and the following day is included. The court rejected the defendant's argument that the plaintiff should have served summons before the public holiday, as this would deprive the plaintiff of the full prescribed period and result in an unjust and unintended outcome. The court found that the plaintiff's claim had not prescribed when summons was served on 17 June 2014.

Citation
[2015] ZAGPJHC 112
Parties
Plaintiff: Khathutshelo Gladys Masindi; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
12 June 2015
Case Number
21738/2014
Procedural Posture
Civil Trial / Judgment on Special Plea of Prescription
Outcome
The special plea of prescription is dismissed. Judgment is granted in favour of the plaintiff for the agreed settlement amount.
Judges
M. Mbongwe
Legal Topics
Prescription, Road Accident Fund Act, Interpretation Act, Bodily Injury Claims
Civil Procedure Delict Prescription Road Accident Fund Act Interpretation Act Bodily Injury Claims

Case Brief

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Parties

Khathutshelo Gladys Masindi

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment on Special Plea of Prescription

Legal Issues

  1. 1 Whether the plaintiff's claim against the Road Accident Fund had prescribed when summons was served on 17 June 2014.
  2. 2 Whether Section 4 of the Interpretation Act 33 of 1957 applies to the calculation of the prescription period under Section 23(3) of the Road Accident Fund Act.

Ratio Decidendi

The court held that the silence of Section 23(3) of the Road Accident Fund Act regarding the last day of the prescription period falling on a public holiday necessitates the application of Section 4 of the Interpretation Act 33 of 1957. This provision ensures that if the last day falls on a public holiday, it is excluded and the following day is included. The court rejected the defendant's argument that the plaintiff should have served summons before the public holiday, as this would deprive the plaintiff of the full prescribed period and result in an unjust and unintended outcome. The court found that the plaintiff's claim had not prescribed when summons was served on 17 June 2014.

Court Disposition

The special plea of prescription is dismissed. Judgment is granted in favour of the plaintiff for the agreed settlement amount.

Orders

  • The special plea of prescription is dismissed with costs.
  • The defendant is ordered to pay the plaintiff the agreed settlement amount of R1 million by not later than 28 July 2015.