Raseyalo v Road Accident Fund (958/2023) [2024] ZAFSHC 150 (1 July 2024)

Raseyalo v Road Accident Fund (958/2023) [2024] ZAFSHC 150 (1 July 2024)

The court found that Board Notice 271 of 2022, issued under Regulation 7(1) of the Road Accident Fund Regulations, is invalid and unlawful following the Full Bench decision in Mautla and Others v Road Accident Fund and Others. Regulation 7(1) was declared unconstitutional and set aside, and any Board Notices issued under its authority have no legal effect. The Defendant cannot rely on Board Notice 271 of 2022 to challenge the Plaintiff's claim. The Plaintiff's claim was substantially compliant with the requirements of the Road Accident Fund Act, and the Defendant's special pleas based on non-compliance with the Board Notice were dismissed.

Citation
[2024] ZAFSHC 150
Parties
Plaintiff: Khaudi David Raseyalo; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 July 2024
Case Number
958/2023
Procedural Posture
Civil Trial / Special Plea Determination
Outcome
The Defendant's two special pleas are dismissed with costs, including the costs of counsel on scale B.
Judges
PJ Loubser
Legal Topics
Road Accident Fund Claims, Special Plea, Board Notice Validity, Regulation 7 1, Substantial Compliance
Civil Procedure Land and Property Road Accident Fund Claims Special Plea Board Notice Validity Regulation 7 1 Substantial Compliance

Case Brief

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Parties

Khaudi David Raseyalo

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Special Plea Determination

Legal Issues

  1. 1 Whether Board Notice 271 of 2022 issued under Regulation 7(1) of the Road Accident Fund Regulations is valid and lawful.
  2. 2 Whether the Defendant can rely on Board Notice 271 of 2022 to challenge the Plaintiff's claim for compensation.
  3. 3 Whether the Plaintiff's claim was substantially compliant with the requirements of the Road Accident Fund Act.

Ratio Decidendi

The court found that Board Notice 271 of 2022, issued under Regulation 7(1) of the Road Accident Fund Regulations, is invalid and unlawful following the Full Bench decision in Mautla and Others v Road Accident Fund and Others. Regulation 7(1) was declared unconstitutional and set aside, and any Board Notices issued under its authority have no legal effect. The Defendant cannot rely on Board Notice 271 of 2022 to challenge the Plaintiff's claim. The Plaintiff's claim was substantially compliant with the requirements of the Road Accident Fund Act, and the Defendant's special pleas based on non-compliance with the Board Notice were dismissed.

Court Disposition

The Defendant's two special pleas are dismissed with costs, including the costs of counsel on scale B.

Orders

  • The two special pleas raised by the Defendant are dismissed with costs, including the costs of counsel on scale B.