Van der Merwe v Road Accident Fund (1661/04) [2005] ZAGPHC 120; 2006 (3) SA 88 (T) (22 November 2005)

Van der Merwe v Road Accident Fund (1661/04) [2005] ZAGPHC 120; 2006 (3) SA 88 (T) (22 November 2005)

Section 17(5) of the Road Accident Fund Act does not create a separate right of action for suppliers that is independent of the third party's claim. The supplier's claim is statutorily ceded from the third party and is subject to all the same limitations, including prescription. The cause of action for both the third party and the supplier arises at the time of the accident, not when the service is rendered. Since neither the third party nor the supplier lodged a claim within three years from the date of the accident, both claims have prescribed. The appeal is dismissed with costs.

Citation
[2005] ZAGPHC 120
Parties
Appellant: C J Van der Merwe; Respondent: Road Accident Fund
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
22 November 2005
Case Number
1661/04
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court
Outcome
Appeal dismissed with costs.
Judges
WJ Hartzenberg, A de Vos
Legal Topics
Road Accident Fund, Prescription of Claims, Third Party Liability, Medical Expenses, Statutory Interpretation
Civil Procedure Delict Road Accident Fund Prescription of Claims Third Party Liability Medical Expenses Statutory Interpretation

Case Brief

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Parties

C J Van der Merwe

Appellant

Road Accident Fund

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court

Legal Issues

  1. 1 Does section 17(5) of the Road Accident Fund Act confer a separate right of action to a supplier, independent of the third party's claim?
  2. 2 Has the supplier's claim against the Fund prescribed under section 23(1)?

Ratio Decidendi

Section 17(5) of the Road Accident Fund Act does not create a separate right of action for suppliers that is independent of the third party's claim. The supplier's claim is statutorily ceded from the third party and is subject to all the same limitations, including prescription. The cause of action for both the third party and the supplier arises at the time of the accident, not when the service is rendered. Since neither the third party nor the supplier lodged a claim within three years from the date of the accident, both claims have prescribed. The appeal is dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.