Mkoko v Road Accident Fund (1378/2012) [2017] ZAECELLC 3 (24 January 2017)

Mkoko v Road Accident Fund (1378/2012) [2017] ZAECELLC 3 (24 January 2017)

The court held that the plaintiff's RAF 4 form was submitted outside the five-year period prescribed by the Road Accident Fund Act and its Regulations. The time periods for submission of the serious injury assessment report and the limitation of the Fund's liability for non-pecuniary loss are clearly set out in the Act. The plaintiff did not challenge the validity of the Regulations, nor cite the responsible functionaries, and thus could not rely on an ultra vires argument. Accordingly, the defendant's special plea of prescription was upheld and the plaintiff's claim for general damages was dismissed with costs.

Citation
[2017] ZAECELLC 3
Parties
Plaintiff: Nomabhisiniya Monica Mkoko; Defendant: Road Accident Fund
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
24 January 2017
Case Number
1378/2012
Procedural Posture
Civil Trial / Special Plea of Prescription on Claim for General Damages
Outcome
Defendant's special plea of prescription upheld. Plaintiff's claim for general damages dismissed with costs.
Judges
J.E Smith
Legal Topics
Prescription of Claims, Road Accident Fund Act, Serious Injury Assessment, Non Pecuniary Loss
Civil Procedure Delict Prescription of Claims Road Accident Fund Act Serious Injury Assessment Non Pecuniary Loss

Case Brief

Summary, issues, holding and outcome

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Parties

Nomabhisiniya Monica Mkoko

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Special Plea of Prescription on Claim for General Damages

Legal Issues

  1. 1 Whether the plaintiff's claim for general damages has prescribed due to late submission of the RAF 4 form.
  2. 2 Whether the Regulations under the Road Accident Fund Act validly prescribe the time period for submission of the serious injury assessment report.
  3. 3 Whether the defendant is liable for non-pecuniary loss where the RAF 4 form was submitted outside the prescribed period.

Ratio Decidendi

The court held that the plaintiff's RAF 4 form was submitted outside the five-year period prescribed by the Road Accident Fund Act and its Regulations. The time periods for submission of the serious injury assessment report and the limitation of the Fund's liability for non-pecuniary loss are clearly set out in the Act. The plaintiff did not challenge the validity of the Regulations, nor cite the responsible functionaries, and thus could not rely on an ultra vires argument. Accordingly, the defendant's special plea of prescription was upheld and the plaintiff's claim for general damages was dismissed with costs.

Court Disposition

Defendant's special plea of prescription upheld. Plaintiff's claim for general damages dismissed with costs.

Orders

  • The defendant's special plea of prescription is upheld.
  • The plaintiff's claim for general damages is dismissed with costs.