Road Accident Fund v Masindi (586/2017) [2018] ZASCA 94; 2018 (6) SA 481 (SCA) (1 June 2018)

Road Accident Fund v Masindi (586/2017) [2018] ZASCA 94; 2018 (6) SA 481 (SCA) (1 June 2018)

The Supreme Court of Appeal held that, on a proper interpretation of s 23(3) of the Road Accident Fund Act, where the last day of the five year prescription period falls on a day when the court is closed, such as a public holiday, the period is extended to the next working day. The court reasoned that a strict and literal approach would unjustly deprive claimants of their full statutory period and infringe the constitutional right of access to courts. The court drew on English authorities, notably Pritam Kaur and Nottingham City Council, which endorse extending statutory periods to the next working day when the relevant office is closed. The court rejected reliance on regulation 1 for...

Citation
[2018] ZASCA 94
Parties
Appellant: Road Accident Fund; Respondent: Khathutshelo Gladys Masindi
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 June 2018
Case Number
586/2017
Procedural Posture
Civil Appeal / Appeal From Gauteng Local Division of the High Court, Johannesburg
Outcome
Appeal dismissed with costs; high court order confirmed.
Judges
Shongwe, Majiedt, Swain, Mocumie, Rogers
Legal Topics
Prescription Periods, Statutory Interpretation, Road Accident Fund Act, Access to Courts, Public Holiday Extension
Civil Procedure Land and Property Prescription Periods Statutory Interpretation Road Accident Fund Act Access to Courts Public Holiday Extension

Case Brief

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 3 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Road Accident Fund

Appellant

Khathutshelo Gladys Masindi

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Local Division of the High Court, Johannesburg

Legal Issues

  1. 1 How should the five year prescription period under s 23(3) of the Road Accident Fund Act be computed when the last day falls on a public holiday and the court is closed.
  2. 2 Does the inability to issue and serve summons on the last day due to court closure deprive the claimant of her right to claim?
  3. 3 Should the period be extended to the next working day when the court is open?

Ratio Decidendi

The Supreme Court of Appeal held that, on a proper interpretation of s 23(3) of the Road Accident Fund Act, where the last day of the five year prescription period falls on a day when the court is closed, such as a public holiday, the period is extended to the next working day. The court reasoned that a strict and literal approach would unjustly deprive claimants of their full statutory period and infringe the constitutional right of access to courts. The court drew on English authorities, notably Pritam Kaur and Nottingham City Council, which endorse extending statutory periods to the next working day when the relevant office is closed. The court rejected reliance on regulation 1 for...

Court Disposition

Appeal dismissed with costs; high court order confirmed.

Orders

  • The appeal is dismissed with costs.
  • The order of the high court is confirmed.