Road Accident Fund v Manqina (CA20/2019) [2020] ZAECBHC 5; 2020 (5) SA 202 (ECB) (2 February 2020)

Road Accident Fund v Manqina (CA20/2019) [2020] ZAECBHC 5; 2020 (5) SA 202 (ECB) (2 February 2020)

The appeal succeeded because section 17(6) of the Road Accident Fund Act clearly prohibits interim payments for future medical expenses unless such costs have already been incurred. The court found that Rule 34A is the 'any law' referred to in section 17(6), and thus, the statutory bar applies. The court rejected the respondent's argument that the best interests of the child or constitutional obligations could override the express statutory prohibition, absent a constitutional challenge to section 17(6). The court emphasized that changes to the compensation mechanism for road accident victims are for the legislature, not the judiciary, and that judicial intervention cannot substitute for...

Citation
[2020] ZAECBHC 5
Parties
Appellant: Road Accident Fund; Respondent: Mavis Nontembiso Manqina
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
2 February 2020
Case Number
CA20/2019
Procedural Posture
Civil Appeal / Appeal Against Order for Interim Payment Under Rule 34 a
Outcome
Appeal upheld; order for interim payment set aside; application dismissed; costs awarded against respondent.
Judges
Jolwana, Beshe, Smith
Legal Topics
Interim Payments, Road Accident Fund Act, Future Medical Expenses, Statutory Interpretation
Civil Procedure Delict Interim Payments Road Accident Fund Act Future Medical Expenses Statutory Interpretation

Case Brief

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Parties

Road Accident Fund

Appellant

Mavis Nontembiso Manqina

Respondent

Procedural Posture

Civil Appeal / Appeal Against Order for Interim Payment Under Rule 34 a

Legal Issues

  1. 1 Whether section 17(6) of the Road Accident Fund Act precludes interim payments for future medical expenses under Rule 34A.
  2. 2 Whether the respondent was entitled to an interim payment pending determination of quantum.
  3. 3 Whether the court a quo correctly interpreted the statutory scheme for compensation of road accident victims.

Ratio Decidendi

The appeal succeeded because section 17(6) of the Road Accident Fund Act clearly prohibits interim payments for future medical expenses unless such costs have already been incurred. The court found that Rule 34A is the 'any law' referred to in section 17(6), and thus, the statutory bar applies. The court rejected the respondent's argument that the best interests of the child or constitutional obligations could override the express statutory prohibition, absent a constitutional challenge to section 17(6). The court emphasized that changes to the compensation mechanism for road accident victims are for the legislature, not the judiciary, and that judicial intervention cannot substitute for...

Court Disposition

Appeal upheld; order for interim payment set aside; application dismissed; costs awarded against respondent.

Orders

  • The appeal succeeds.
  • The order of the court a quo is substituted with an order dismissing the application.