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Civil Procedure [2024] ZAFSHC 150

Raseyalo v Road Accident Fund (958/2023)

Raseyalo v Road Accident Fund (958/2023) [2024] ZAFSHC 150 (1 July 2024)

The court found that Board Notice 271 of 2022, issued under Regulation 7(1) of the Road Accident Fund Regulations, is invalid and unlawful following the Full Bench decision in Mautla and Others v Road Accident Fund and Others. Regulation 7(1) was declared unconstitutional and set aside, and any Board Notices issued under its authority have no legal effect. The Defendant cannot rely on Board Notice 271 of 2022 to challenge the Plaintiff's claim. The Plaintiff's claim was substantially compliant with the requirements of the Road Accident Fund Act, and the Defendant's special pleas based on non-…

  • Road Accident Fund Claims
  • Special Plea
  • Board Notice Validity
  • Regulation 7 1
  • Substantial Compliance
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