Mautla and Others v Road Accident Fund and Others (29459/2021) [2023] ZAGPPHC 1843 (6 November 2023)

Mautla and Others v Road Accident Fund and Others (29459/2021) [2023] ZAGPPHC 1843 (6 November 2023)

The court found that the Road Accident Fund's Decisions to issue and implement the Management Directive, Supplier Communication, Board Notice, and substituted RAF1 claim form constituted administrative action reviewable under PAJA. The Decisions directly affected the rights of claimants and were imposed without public consultation or procedural fairness, contrary to section 4(1) of PAJA. Regulation 7(1) unlawfully delegated regulatory power to the RAF, as only the Minister is empowered to make regulations under section 26 of the Act, and there was no express authority for sub-delegation. The substituted RAF1 form imposed peremptory requirements and allowed the RAF to refuse acceptance or...

Citation
[2023] ZAGPPHC 1843
Parties
Applicant: Lesedi Dikeledi Mautla; Applicant: Antoinette Elizabeth Bianca Steyn; Applicant: Germari Dippenaar; Applicant: Johannes Christoffel Strauss; Applicant: Nomthandazo Elizabeth Siluma; Applicant: Sinovuyo Kuboko; Applicant: Nonhlanhla Cecilia Radebe; Applicant: Opola Ndima; Applicant: WE Emergency Respond Team (Pty) Ltd; Respondent: Road Accident Fund; Respondent: Minister of Transport; Respondent: Msibi, T N.O.; Respondent: Letsoalo, C N.O.; Respondent: Legal Practice Council
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 November 2023
Case Number
29459/2021
Procedural Posture
Review Application / Judgment After Hearing
Outcome
Application granted. The Decisions and Regulation 7(1) declared unconstitutional, unlawful, and invalid; set aside. Consequential relief granted to affected claimants. Punitive costs awarded against the RAF.
Judges
Opperman, Millar, Ally
Legal Topics
Promotion of Administrative Justice Act, Delegation of Regulatory Power, Road Accident Fund Claims, Procedural Fairness, Unlawful Administrative Action
Administrative Law Civil Procedure Promotion of Administrative Justice Act Delegation of Regulatory Power Road Accident Fund Claims Procedural Fairness Unlawful Administrative Action

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Parties

Lesedi Dikeledi Mautla

Applicant

Antoinette Elizabeth Bianca Steyn

Applicant

Germari Dippenaar

Applicant

Johannes Christoffel Strauss

Applicant

Nomthandazo Elizabeth Siluma

Applicant

Sinovuyo Kuboko

Applicant

Nonhlanhla Cecilia Radebe

Applicant

Opola Ndima

Applicant

WE Emergency Respond Team (Pty) Ltd

Applicant

Road Accident Fund

Respondent

Minister of Transport

Respondent

Msibi, T N.O.

Respondent

Letsoalo, C N.O.

Respondent

Legal Practice Council

Respondent

Procedural Posture

Review Application / Judgment After Hearing

Legal Issues

  1. 1 Whether the Road Accident Fund's decisions to issue directives, supplier communications, board notices, and substitute the RAF1 claim form constituted administrative action reviewable under PAJA.
  2. 2 Whether Regulation 7(1) of the Road Accident Fund Regulations unlawfully delegated regulatory power to the RAF.
  3. 3 Whether the RAF exceeded its statutory powers by imposing additional requirements for claim submission and refusing to accept or acknowledge claims not meeting those requirements.

Ratio Decidendi

The court found that the Road Accident Fund's Decisions to issue and implement the Management Directive, Supplier Communication, Board Notice, and substituted RAF1 claim form constituted administrative action reviewable under PAJA. The Decisions directly affected the rights of claimants and were imposed without public consultation or procedural fairness, contrary to section 4(1) of PAJA. Regulation 7(1) unlawfully delegated regulatory power to the RAF, as only the Minister is empowered to make regulations under section 26 of the Act, and there was no express authority for sub-delegation. The substituted RAF1 form imposed peremptory requirements and allowed the RAF to refuse acceptance or...

Court Disposition

Application granted. The Decisions and Regulation 7(1) declared unconstitutional, unlawful, and invalid; set aside. Consequential relief granted to affected claimants. Punitive costs awarded against the RAF.

Orders

  • Condonation granted for late institution of review proceedings.
  • Regulation 7(1) of the Road Accident Fund Regulations is declared unconstitutional, unlawful, and invalid to the extent that it confers upon the RAF the right to amend or substitute the RAF1 Form.