Matsiba v Santam Versekerings Maatskappy Bpk. (245/96) [1997] ZASCA 63; 1997 (4) SA 832 (SCA); [1997] 4 All SA 64 (A); (21 August 1997)

Matsiba v Santam Versekerings Maatskappy Bpk. (245/96) [1997] ZASCA 63; 1997 (4) SA 832 (SCA); [1997] 4 All SA 64 (A); (21 August 1997)

The Supreme Court of Appeal held that the 'Mirage Ride On' lawnmower was not designed or adapted to be propelled or drawn on a road, but rather for the specific purpose of cutting grass. Its features, such as limited speed, lack of lights, indicators, and horn, and the provision of a seat for operational convenience, did not transform it into a vehicle intended for road use. The court found no material difference between the lawnmower and the mobile forklift considered in Chauke v Santam Ltd. The appellant's concession that her case could not succeed if the Chauke criteria were applied was accepted. Accordingly, the lawnmower did not meet the statutory definition of a motor vehicle, and...

Citation
[1997] ZASCA 63
Parties
Appellant: Anna Mazivandlela Matsiba; Respondent: Santam Versekerings Maatskappy Beperk
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
21 August 1997
Case Number
245/96
Procedural Posture
Civil Appeal / Final Appeal
Outcome
Appeal dismissed. No order as to costs due to appellant's in forma pauperis status.
Judges
Marais, Olivier, Schutz, Scott, Van Coller
Legal Topics
Motor Vehicle Definition, Multilaterale Motorvoertuigongelukkefondswet, Liability of Insurer, Personal Injury
Civil Procedure Delict Motor Vehicle Definition Multilaterale Motorvoertuigongelukkefondswet Liability of Insurer Personal Injury

Case Brief

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Parties

Anna Mazivandlela Matsiba

Appellant

Santam Versekerings Maatskappy Beperk

Respondent

Procedural Posture

Civil Appeal / Final Appeal

Legal Issues

  1. 1 Is a fuel-powered 'Mirage Ride On' lawnmower a motor vehicle as defined in section 1 of the Schedule to the Multilateral Motor Vehicle Accidents Fund Act 93 of 1989?
  2. 2 Is the respondent liable for compensation for injuries sustained by the appellant's minor son when struck by such a lawnmower?

Ratio Decidendi

The Supreme Court of Appeal held that the 'Mirage Ride On' lawnmower was not designed or adapted to be propelled or drawn on a road, but rather for the specific purpose of cutting grass. Its features, such as limited speed, lack of lights, indicators, and horn, and the provision of a seat for operational convenience, did not transform it into a vehicle intended for road use. The court found no material difference between the lawnmower and the mobile forklift considered in Chauke v Santam Ltd. The appellant's concession that her case could not succeed if the Chauke criteria were applied was accepted. Accordingly, the lawnmower did not meet the statutory definition of a motor vehicle, and...

Court Disposition

Appeal dismissed. No order as to costs due to appellant's in forma pauperis status.

Orders

  • The appeal is dismissed.
  • No order as to costs.