Tsotetsi v Mutual and Federal Insurance Company Ltd (CCT16/95) [1996] ZACC 19; 1996 (11) BCLR 1439; 1997 (1) SA 585 (12 September 1996)

Tsotetsi v Mutual and Federal Insurance Company Ltd (CCT16/95) [1996] ZACC 19; 1996 (11) BCLR 1439; 1997 (1) SA 585 (12 September 1996)

The Constitutional Court held that the referral from the Transvaal Provincial Division was not competent because the issue referred could not be decisive of the case before that court. The accident and the applicant's claim arose before the Constitution came into force, and the respondent's liability was fixed at the time of the accident. The Constitution does not apply retrospectively to rights vested before its commencement, and no exceptional circumstances exist to warrant a departure from this principle. The applicant's arguments regarding the nature of the respondent and the alleged gross violation of equality were rejected. The Court further found that the financial consequences of...

Citation
[1996] ZACC 19
Parties
Applicant: Elias Tsotetsi; Respondent: Mutual and Federal Insurance Company Ltd
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
12 September 1996
Case Number
CCT16/95
Procedural Posture
Constitutional Referral / Referral From Transvaal Provincial Division; Application for Direct Access
Outcome
Referral declared incompetent; direct access refused; matter remitted to the Transvaal Provincial Division.
Judges
CME O'Regan, Chaskalson, Mahomed, Ackermann, Didcott, Kriegler, Langa, Madala, Mokgoro, Ngoepe, Sachs
Legal Topics
Retrospective Application of Constitution, Direct Access, Motor Vehicle Accident Fund, Limitation of Damages
Constitutional Law Civil Procedure Retrospective Application of Constitution Direct Access Motor Vehicle Accident Fund Limitation of Damages

Case Brief

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Parties

Elias Tsotetsi

Applicant

Mutual and Federal Insurance Company Ltd

Respondent

Procedural Posture

Constitutional Referral / Referral From Transvaal Provincial Division; Application for Direct Access

Legal Issues

  1. 1 Whether the referral of the constitutional validity of articles 46(a)(ii) and 47(a) of the schedule to the Multilateral Motor Vehicle Accidents Fund Act was competent.
  2. 2 Whether the Constitution applies retrospectively to rights vested before its commencement.
  3. 3 Whether exceptional circumstances exist to grant direct access to the Constitutional Court.

Ratio Decidendi

The Constitutional Court held that the referral from the Transvaal Provincial Division was not competent because the issue referred could not be decisive of the case before that court. The accident and the applicant's claim arose before the Constitution came into force, and the respondent's liability was fixed at the time of the accident. The Constitution does not apply retrospectively to rights vested before its commencement, and no exceptional circumstances exist to warrant a departure from this principle. The applicant's arguments regarding the nature of the respondent and the alleged gross violation of equality were rejected. The Court further found that the financial consequences of...

Court Disposition

Referral declared incompetent; direct access refused; matter remitted to the Transvaal Provincial Division.

Orders

  • The matter is remitted to the Transvaal Provincial Division.
  • No order as to costs.