FourieFismer Inc and Others v Road Accident Fund; Mabunda Inc and Others v Road Accident Fund; Diale Mogashoa Inc v Road Accident Fund (17518/2020; 15876/2020; 18239/2020) [2020] ZAGPPHC 293 (8 July 2020)

FourieFismer Inc and Others v Road Accident Fund; Mabunda Inc and Others v Road Accident Fund; Diale Mogashoa Inc v Road Accident Fund (17518/2020; 15876/2020; 18239/2020) [2020] ZAGPPHC 293 (8 July 2020)

The court found that the applicants had proven exceptional circumstances due to the RAF's deliberate non-compliance with previous court orders, the resultant chaos in the judicial system, and prejudice to claimants and panel attorneys. The RAF's conduct was aimed at rendering the order moot, and the applicants, as well as the public, would suffer irreparable harm if execution was not granted. The RAF failed to demonstrate any irreparable harm to itself. The court exercised its inherent jurisdiction to attach conditions to the execution order, confining the RAF to use only panel attorneys as at 10 March 2020 for personal injury claims under the Road Accident Fund Act, pending finalisation...

Citation
[2020] ZAGPPHC 293
Parties
Applicant: FourieFismer Inc. and Two Others; Intervening Party: Maponya Inc; Respondent: Road Accident Fund; Respondent: The Chairperson of the Board of the RAF; Respondent: The Chief Executive Officer of the RAF; Respondent: The Minister of Transport; Applicant: Mabunda Inc. and Forty-Two Others; Intervening Party: Law Society of South Africa; Applicant: Diale Mogashoa Inc.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 July 2020
Case Number
17518/2020; 15876/2020; 18239/2020
Procedural Posture
Urgent Application / Application for Execution Order Pending Petition for Leave to Appeal
Outcome
Application for execution order granted; supplementary relief partially granted; costs awarded against respondents except the Minister of Transport.
Judges
Hughes
Legal Topics
Execution Pending Appeal, Exceptional Circumstances, Irreparable Harm, Service Level Agreement, Road Accident Fund Act, Panel Attorneys
Civil Procedure Administrative Law Land and Property Execution Pending Appeal Exceptional Circumstances Irreparable Harm Service Level Agreement Road Accident Fund Act +1 more

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Parties

FourieFismer Inc. and Two Others

Applicant

Maponya Inc

Intervening Party

Road Accident Fund

Respondent

The Chairperson of the Board of the RAF

Respondent

The Chief Executive Officer of the RAF

Respondent

The Minister of Transport

Respondent

Mabunda Inc. and Forty-Two Others

Applicant

Law Society of South Africa

Intervening Party

Diale Mogashoa Inc.

Applicant

Procedural Posture

Urgent Application / Application for Execution Order Pending Petition for Leave to Appeal

Legal Issues

  1. 1 Whether the applicants have proven exceptional circumstances justifying execution of the order pending appeal.
  2. 2 Whether the applicants have demonstrated irreparable harm to themselves and absence of such harm to the respondents.
  3. 3 Whether the Road Accident Fund is bound to use only panel attorneys as at 10 March 2020 pending finalisation of appeals.

Ratio Decidendi

The court found that the applicants had proven exceptional circumstances due to the RAF's deliberate non-compliance with previous court orders, the resultant chaos in the judicial system, and prejudice to claimants and panel attorneys. The RAF's conduct was aimed at rendering the order moot, and the applicants, as well as the public, would suffer irreparable harm if execution was not granted. The RAF failed to demonstrate any irreparable harm to itself. The court exercised its inherent jurisdiction to attach conditions to the execution order, confining the RAF to use only panel attorneys as at 10 March 2020 for personal injury claims under the Road Accident Fund Act, pending finalisation...

Court Disposition

Application for execution order granted; supplementary relief partially granted; costs awarded against respondents except the Minister of Transport.

Orders

  • The Law Society of South Africa is granted leave to intervene in the Mabunda application.
  • Respondents are granted condonation for late filing of answering affidavit.