Van Harmelen v MEC for Education, Eastern Cape (154/2010) [2013] ZAECBHC 6 (4 July 2013)

Van Harmelen v MEC for Education, Eastern Cape (154/2010) [2013] ZAECBHC 6 (4 July 2013)

The court found that the negligence of the deceased driver of the school mini-bus was solely responsible for the collision. Section 21 of the Road Accident Fund Act, as it stood at the time of the collision, does not extinguish the plaintiff's common law right to claim damages against the defendant for losses exceeding the statutory limit of R25,000. The statutory immunity only applies to the extent of the compensation payable by the Fund, and any residual loss remains claimable against the defendant. The constitutional invalidity of section 18 of the Act had not yet come into operation at the time of judgment, and therefore the plaintiff retains a residual claim against the defendant for...

Citation
[2013] ZAECBHC 6
Parties
Plaintiff: Bryan L Van Harmelen; Defendant: Member of the Executive Council for Education, Eastern Cape
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
4 July 2013
Case Number
154/2010
Procedural Posture
Civil Trial / Determination of Liability and Special Plea
Outcome
Defendant's special plea dismissed. Defendant found liable to plaintiff for damages exceeding R25,000, subject to proof at trial.
Judges
G Goosen
Legal Topics
Road Accident Fund Act, Negligence, Special Plea, Statutory Immunity, Quantum of Damages
Delict Civil Procedure Road Accident Fund Act Negligence Special Plea Statutory Immunity Quantum of Damages

Case Brief

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Parties

Bryan L Van Harmelen

Plaintiff

Member of the Executive Council for Education, Eastern Cape

Defendant

Procedural Posture

Civil Trial / Determination of Liability and Special Plea

Legal Issues

  1. 1 Whether the defendant is liable for damages suffered by the plaintiff in excess of the statutory limit imposed by the Road Accident Fund Act.
  2. 2 Whether the negligence of the school mini-bus driver was solely responsible for the collision.
  3. 3 Whether section 21 of the Road Accident Fund Act precludes the plaintiff's claim against the defendant.

Ratio Decidendi

The court found that the negligence of the deceased driver of the school mini-bus was solely responsible for the collision. Section 21 of the Road Accident Fund Act, as it stood at the time of the collision, does not extinguish the plaintiff's common law right to claim damages against the defendant for losses exceeding the statutory limit of R25,000. The statutory immunity only applies to the extent of the compensation payable by the Fund, and any residual loss remains claimable against the defendant. The constitutional invalidity of section 18 of the Act had not yet come into operation at the time of judgment, and therefore the plaintiff retains a residual claim against the defendant for...

Court Disposition

Defendant's special plea dismissed. Defendant found liable to plaintiff for damages exceeding R25,000, subject to proof at trial.

Orders

  • The Defendant's Special Plea is dismissed.
  • It is declared that the defendant is liable to the plaintiff for such losses in excess of the sum of R25,000.00 as the plaintiff may prove at trial.