Free State Provincial Administration v Road Accident Fund (A47/07)
Free State Provincial Administration v Road Accident Fund (A47/07) [2010] ZAFSHC 3 (21 January 2010)
The Supreme Court of Appeal has definitively interpreted section 17(5) of the Road Accident Fund Act as conferring a statutory right on suppliers to claim costs directly from the Fund, provided the third party is entitled to compensation and the supplier complies with statutory requirements. The magistrate erred by disregarding binding precedent and relying on academic commentary. The supplier's claim is accessory to the third party's entitlement, but not dependent on the third party actually submitting a claim. The purpose of section 17(5) is to prevent misappropriation of compensation and t…
Source excerpt
- Road Accident Fund Act
- Statutory Right Of Supplier
- Doctrine Of Precedent
- Accessory Claim
- Costs Orders