Scott v Road Accident Fund (13/33469) [2015] ZAGPJHC 120 (11 June 2015)

Scott v Road Accident Fund (13/33469) [2015] ZAGPJHC 120 (11 June 2015)

The court held that the Road Accident Fund Act does not require the submission of an affidavit under section 19(f)(i) as a prerequisite for lodging a claim. The claim is validly lodged when the prescribed claim form is delivered, and the five-year prescription period applies. The failure to submit an affidavit or to provide full particulars only operates to terminate an existing claim if the Fund can prove a deliberate refusal or failure by the claimant. In this case, Ms Scott suffered amnesia and was unable to provide details of the accident, which was not a deliberate failure. Therefore, her claim was not terminated, and the Fund's special plea was dismissed.

Citation
[2015] ZAGPJHC 120
Parties
Plaintiff: Leigh-Anne Scott; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 June 2015
Case Number
13/33469
Procedural Posture
Civil Trial / Special Plea Determined as Preliminary Issue Before Trial
Outcome
The defendant's special plea is dismissed with costs.
Judges
R Keightley
Legal Topics
Road Accident Fund Act, Prescription of Claims, Affidavit Requirement, Special Plea, Amnesia and Evidence
Civil Procedure Delict Road Accident Fund Act Prescription of Claims Affidavit Requirement Special Plea Amnesia and Evidence

Case Brief

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Parties

Leigh-Anne Scott

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Special Plea Determined as Preliminary Issue Before Trial

Legal Issues

  1. 1 Whether the plaintiff's failure to submit an affidavit with her claim form invalidates her claim under section 19(f)(i) of the Road Accident Fund Act.
  2. 2 Whether the subsequent submission of an affidavit outside the three-year period results in prescription of the claim.
  3. 3 Whether the plaintiff's affidavit complies with the requirements of section 19(f)(i) given her amnesia and inability to recall the accident.

Ratio Decidendi

The court held that the Road Accident Fund Act does not require the submission of an affidavit under section 19(f)(i) as a prerequisite for lodging a claim. The claim is validly lodged when the prescribed claim form is delivered, and the five-year prescription period applies. The failure to submit an affidavit or to provide full particulars only operates to terminate an existing claim if the Fund can prove a deliberate refusal or failure by the claimant. In this case, Ms Scott suffered amnesia and was unable to provide details of the accident, which was not a deliberate failure. Therefore, her claim was not terminated, and the Fund's special plea was dismissed.

Court Disposition

The defendant's special plea is dismissed with costs.

Orders

  • The Defendant's special plea is dismissed with costs.