Road Accident Fund v Smith NO (555/96) [1998] ZASCA 86; 1999 (1) SA 92 (SCA); [1998] 4 All SA 429 (A) (28 September 1998)

Road Accident Fund v Smith NO (555/96) [1998] ZASCA 86; 1999 (1) SA 92 (SCA); [1998] 4 All SA 429 (A) (28 September 1998)

The Supreme Court of Appeal held that Article 56 of the Agreement under the Multilateral Motor Vehicle Accidents Fund Act 93 of 1989 is inconsistent with section 13(1) of the Prescription Act 68 of 1969 regarding the suspension or extension of prescription for certain classes of persons. Article 56 specifically lists minors, persons detained under mental health legislation, and persons under curatorship as protected from prescription, but does not include insane persons who are not detained. The legislative history and statutory wording indicate that Parliament intended to exclude the broader protection offered by section 13(1) of the Prescription Act for insane persons not detained. The...

Citation
[1998] ZASCA 86
Parties
Appellant: Road Accident Fund; Respondent: Smith NO
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 September 1998
Case Number
555/96
Procedural Posture
Civil Appeal / Appeal From Witwatersrand Local Division; Challenge to Exception Upholding Prescription Defence
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
HJO Van Heerden, Harms JA
Legal Topics
Prescription Act, Mental Health Legislation, Third Party Motor Vehicle Claims, Curatorship, Statutory Interpretation
Civil Procedure Delict Prescription Act Mental Health Legislation Third Party Motor Vehicle Claims Curatorship Statutory Interpretation

Case Brief

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Parties

Road Accident Fund

Appellant

Smith NO

Respondent

Procedural Posture

Civil Appeal / Appeal From Witwatersrand Local Division; Challenge to Exception Upholding Prescription Defence

Legal Issues

  1. 1 Does Article 56 of the Multilateral Motor Vehicle Accidents Fund Act 93 of 1989 exclude the application of section 13(1) of the Prescription Act 68 of 1969 for claims by insane persons?
  2. 2 Is there an inconsistency between the prescription regime under the Agreement and the Prescription Act regarding insane persons, minors, and persons under curatorship?
  3. 3 Should prescription protection for insane persons apply if they are not detained under mental health legislation?

Ratio Decidendi

The Supreme Court of Appeal held that Article 56 of the Agreement under the Multilateral Motor Vehicle Accidents Fund Act 93 of 1989 is inconsistent with section 13(1) of the Prescription Act 68 of 1969 regarding the suspension or extension of prescription for certain classes of persons. Article 56 specifically lists minors, persons detained under mental health legislation, and persons under curatorship as protected from prescription, but does not include insane persons who are not detained. The legislative history and statutory wording indicate that Parliament intended to exclude the broader protection offered by section 13(1) of the Prescription Act for insane persons not detained. The...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, such costs to include those occasioned by the employment of two counsel.