Bangiwe v Road Accident Fund (21327/17)
Bangiwe v Road Accident Fund (21327/17) [2019] ZAGPPHC 437; 2021 (3) SA 172 (GP) (30 August 2019)
The court held that section 17 of the Road Accident Fund Act must be interpreted in light of its purpose, which is to provide broad protection and compensation for loss or damage caused by the negligent driving of motor vehicles. The phrase 'at any place within the Republic' was deliberately chosen by the legislature to ensure coverage is not limited to traditional roads or above-ground locations. Excluding underground mine accidents would create an unfair anomaly and contradict the Act's social purpose. The Act does not require that the accident occur on a 'road', and the defendant's argumen…
Source excerpt
- Road Accident Fund Act
- Statutory Interpretation
- Liability For Motor Vehicle Accidents
- Social Legislation
- Compensation For Bodily Injury