Multilateral Motor Vehicle Accidents Fund and Others v Nkosi and Others (188/97) [1999] ZASCA 13 (23 March 1999)

Multilateral Motor Vehicle Accidents Fund and Others v Nkosi and Others (188/97) [1999] ZASCA 13 (23 March 1999)

The Supreme Court of Appeal held that regulation 3(1)(a)(v), which purported to exclude the Fund's liability in the absence of physical contact, was ultra vires the Multilateral Motor Vehicle Accidents Fund Act and invalid. The Fund remains liable for damages caused by the negligence of the unidentified vehicle,...

Source-derived case information.

Citation
[1999] ZASCA 13
Parties
Appellant: Multilateral Motor Vehicle Accidents Fund; Appellant: Santam Limited; Respondent: Daniël Makhingila Nkosi; Respondent: Tryphinah Ntombi Lekhuleni
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
23 March 1999
Case Number
188/97
Procedural Posture
Civil Appeal / Appeal From Transvaal Provincial Division of the High Court; Consolidated Actions; Liability Determined Before Quantum
Outcome
Appeal by the Fund (first appellant) dismissed; appeal by Santam (second appellant) succeeds. The Fund is liable for damages; Santam is not liable.
Judges
Smalberger, Marais, Olivier, Melunsky, Madlanga
Legal Topics
Motor Vehicle Accident Liability, Ultra Vires Regulation, Negligence, Loss of Support
Delict Civil Procedure Motor Vehicle Accident Liability Ultra Vires Regulation Negligence Loss of Support

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Multilateral Motor Vehicle Accidents Fund

Appellant

Santam Limited

Appellant

Daniël Makhingila Nkosi

Respondent

Tryphinah Ntombi Lekhuleni

Respondent

Procedural Posture

Civil Appeal / Appeal From Transvaal Provincial Division of the High Court; Consolidated Actions; Liability Determined Before Quantum

Legal Issues

  1. 1 Whether regulation 3(1)(a)(v) promulgated under section 6 of the Multilateral Motor Vehicle Accidents Fund Act 93 of 1989 is ultra vires and invalid.
  2. 2 Whether the Fund is liable for damages where the unidentified vehicle did not physically contact the claimant's vehicle.
  3. 3 Whether the driver of the Ford (Perumal) was negligent and thus Santam liable for damages.

Ratio Decidendi

The Supreme Court of Appeal held that regulation 3(1)(a)(v), which purported to exclude the Fund's liability in the absence of physical contact, was ultra vires the Multilateral Motor Vehicle Accidents Fund Act and invalid. The Fund remains liable for damages caused by the negligence of the unidentified vehicle, even without physical contact. Regarding Santam's liability, the Court found insufficient factual basis to conclude that Perumal, the Ford driver, was negligent. The evidence did not establish that Perumal failed to act as a reasonable driver would under the circumstances, nor that he could have avoided the collision with reasonable care and skill. Consequently, Santam was not...

Court Disposition

Appeal by the Fund (first appellant) dismissed; appeal by Santam (second appellant) succeeds. The Fund is liable for damages; Santam is not liable.

Orders

  • The first appellant's appeal is dismissed.
  • The second appellant's appeal succeeds.