Mphala v Road Accident Fund (698/16) [2017] ZASCA 76 (1 June 2017)

Mphala v Road Accident Fund (698/16) [2017] ZASCA 76 (1 June 2017)

Regulation 3(3)(dA) of the Road Accident Fund Regulations does not create a deeming provision whereby the Fund is deemed to have accepted a Serious Injury Assessment report if it fails to respond within 90 days. The regulation merely prescribes a time period for the Fund to make a decision. The claimant’s remedy for the Fund’s failure to act within the prescribed period is to seek judicial review under s 6(2)(g) of PAJA, not automatic entitlement to general damages. Reading in a deeming provision would alter the clear meaning of the regulation and is not justified absent a constitutional challenge. The appeal is dismissed as the appellant’s interpretation is not supported by the statutory...

Citation
[2017] ZASCA 76
Parties
Appellant: Nobantu Gloria Mphala; Respondent: The Road Accident Fund
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 June 2017
Case Number
698/16
Procedural Posture
Civil Appeal / Appeal From the Western Cape Division of the High Court, Cape Town
Outcome
Appeal dismissed with costs.
Judges
Lewis, Ponnan, Petse, Mathopo, Coppin
Legal Topics
Road Accident Fund Act, Serious Injury Assessment, Administrative Action, Judicial Review, Regulation Interpretation
Civil Procedure Delict Road Accident Fund Act Serious Injury Assessment Administrative Action Judicial Review Regulation Interpretation

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Parties

Nobantu Gloria Mphala

Appellant

The Road Accident Fund

Respondent

Procedural Posture

Civil Appeal / Appeal From the Western Cape Division of the High Court, Cape Town

Legal Issues

  1. 1 Does regulation 3(3)(dA) of the Road Accident Fund Regulations create a deeming provision if the Fund fails to respond within 90 days?
  2. 2 Is the claimant entitled to general damages where the Fund failed to reject or accept the Serious Injury Assessment report within the prescribed period?
  3. 3 What remedy is available to a claimant when the Fund fails to act within the prescribed period?

Ratio Decidendi

Regulation 3(3)(dA) of the Road Accident Fund Regulations does not create a deeming provision whereby the Fund is deemed to have accepted a Serious Injury Assessment report if it fails to respond within 90 days. The regulation merely prescribes a time period for the Fund to make a decision. The claimant’s remedy for the Fund’s failure to act within the prescribed period is to seek judicial review under s 6(2)(g) of PAJA, not automatic entitlement to general damages. Reading in a deeming provision would alter the clear meaning of the regulation and is not justified absent a constitutional challenge. The appeal is dismissed as the appellant’s interpretation is not supported by the statutory...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.