VZLR Incorporated and Others v Road Accident Fund and Others (019085/2024) [2024] ZAGPPHC 266 (14 March 2024)

VZLR Incorporated and Others v Road Accident Fund and Others (019085/2024) [2024] ZAGPPHC 266 (14 March 2024)

The court found that there was no objective evidence of an administrative decision by the RAF to block payments to the applicants. Communications relied upon by the applicants amounted to hearsay and did not constitute a formal decision. The RAF admitted only to delays in payment, which do not amount to administrative action under PAJA. The applicants failed to meet the requirements for urgency under Rule 6(12)(b), as financial hardship is not a sufficient ground and alternative remedies, such as execution of judgment, were available. The court held that the application was an attempt to obtain preferential payment outside established procedures and that declaratory and consequential...

Citation
[2024] ZAGPPHC 266
Parties
Applicant: VZLR Incorporated; Applicant: Sam Baloyi; Applicant: 258 Individual Applicants per Annexure NOM1; Respondent: Road Accident Fund; Respondent: Chief Executive Officer: Road Accident Fund; Respondent: Chairperson of the Board: Road Accident Fund; Respondent: Sefotle Modiba; Respondent: Brett Phillips; Respondent: Special Investigative Unit
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 March 2024
Case Number
019085/2024
Procedural Posture
Urgent Application / Application for Urgent Review and Joinder, Opposed
Outcome
Application struck off the roll for want of urgency; costs awarded against applicants for the main application; joinder application struck off with no order as to costs.
Judges
GN Moshoana
Legal Topics
Promotion of Administrative Justice Act, Urgency in Motion Proceedings, Execution of Judgments, Declaratory Relief, Joinder of Parties
Administrative Law Civil Procedure Promotion of Administrative Justice Act Urgency in Motion Proceedings Execution of Judgments Declaratory Relief Joinder of Parties

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Parties

VZLR Incorporated

Applicant

Sam Baloyi

Applicant

258 Individual Applicants per Annexure NOM1

Applicant

Road Accident Fund

Respondent

Chief Executive Officer: Road Accident Fund

Respondent

Chairperson of the Board: Road Accident Fund

Respondent

Sefotle Modiba

Respondent

Brett Phillips

Respondent

Special Investigative Unit

Respondent

Procedural Posture

Urgent Application / Application for Urgent Review and Joinder, Opposed

Legal Issues

  1. 1 Whether the Road Accident Fund took an administrative decision to block payments to the applicants.
  2. 2 Whether a delay in payment constitutes administrative action under PAJA.
  3. 3 Whether the requirements for urgency under Rule 6(12)(b) of the Uniform Rules were met.

Ratio Decidendi

The court found that there was no objective evidence of an administrative decision by the RAF to block payments to the applicants. Communications relied upon by the applicants amounted to hearsay and did not constitute a formal decision. The RAF admitted only to delays in payment, which do not amount to administrative action under PAJA. The applicants failed to meet the requirements for urgency under Rule 6(12)(b), as financial hardship is not a sufficient ground and alternative remedies, such as execution of judgment, were available. The court held that the application was an attempt to obtain preferential payment outside established procedures and that declaratory and consequential...

Court Disposition

Application struck off the roll for want of urgency; costs awarded against applicants for the main application; joinder application struck off with no order as to costs.

Orders

  • The main application is struck off the roll for want of urgency.
  • The joinder application is struck off with no order as to costs.