Shabangu v Road Accident Fund (24856/2012) [2012] ZAGPPHC 191; 2013 (3) SA 245 (GNP) (24 August 2012)

Shabangu v Road Accident Fund (24856/2012) [2012] ZAGPPHC 191; 2013 (3) SA 245 (GNP) (24 August 2012)

The application for transfer was refused because the applicant did not pursue her claim in the Magistrate's Court on the basis of limitation under Section 18 of the Road Accident Fund Act, and her pleadings were inconsistent with her founding affidavit. The High Court does not have inherent jurisdiction to transfer matters from the Magistrate's Court except as provided by statute, and the applicant should seek amendment of her pleadings in the Magistrate's Court if advised. The facts of the case do not warrant the fashioning of a constitutionally acceptable remedy in the interest of justice, and the current legislative framework does not provide for such transfer at the instance of a...

Citation
[2012] ZAGPPHC 191
Parties
Applicant: Precious Zodwa Shabangu; Respondent: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 August 2012
Case Number
24856/2012
Procedural Posture
Urgent Application / Application for Transfer of Action From Magistrate's Court to High Court
Outcome
Application for transfer refused.
Judges
F Diedericks
Legal Topics
Transfer of Proceedings, Road Accident Fund Act, Quantum of Damages, Jurisdiction, Constitutional Invalidity
Civil Procedure Delict Transfer of Proceedings Road Accident Fund Act Quantum of Damages Jurisdiction Constitutional Invalidity

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Parties

Precious Zodwa Shabangu

Applicant

Road Accident Fund

Respondent

Procedural Posture

Urgent Application / Application for Transfer of Action From Magistrate's Court to High Court

Legal Issues

  1. 1 Whether the applicant's action instituted in the Magistrate's Court should be transferred to the High Court.
  2. 2 Whether the applicant's claim is limited under Section 18 of the Road Accident Fund Act or qualifies as an unlimited claim.
  3. 3 Whether the High Court has inherent jurisdiction to transfer the matter from the Magistrate's Court in the interest of justice.

Ratio Decidendi

The application for transfer was refused because the applicant did not pursue her claim in the Magistrate's Court on the basis of limitation under Section 18 of the Road Accident Fund Act, and her pleadings were inconsistent with her founding affidavit. The High Court does not have inherent jurisdiction to transfer matters from the Magistrate's Court except as provided by statute, and the applicant should seek amendment of her pleadings in the Magistrate's Court if advised. The facts of the case do not warrant the fashioning of a constitutionally acceptable remedy in the interest of justice, and the current legislative framework does not provide for such transfer at the instance of a...

Court Disposition

Application for transfer refused.

Orders

  • The applicant's application for transfer of her action instituted in the Magistrate's Court, district Pietersburg, under case number 1224/2010 is refused.
  • No cost order is made.