South Africa Case Law

Bezuidenhout v Road Accident Fund (355/2002)

Bezuidenhout v Road Accident Fund (355/2002) [2003] ZASCA 69; [2003] 3 All SA 249 (SCA); 2003 (6) SA 61 (SCA) (2 June 2003)

Court

Supreme Court of Appeal

Case number

355/2002

Judges

Vivier, Farlam, Cameron, Conradie, Shongwe

Regulation 2(1)(d) of the Road Accident Fund Act, which requires physical contact for compensation in unidentified vehicle cases, is ultra vires the empowering provisions of the Act. The regulation imposes a limitation not found in the Act and is inconsistent with its object of providing the greatest possible protection to victims of negligent driving. The Minister's power to make regulations under section 26(1) does not extend to excluding liability in non-contact cases, as such exclusion runs counter to the purpose of the Act. The legislative history shows that previous statutes expressly e…

Source excerpt

• Ultra Vires
• Road Accident Fund Act
• Delegated Legislation
• Regulatory Power
• Compensation For Motor Vehicle Accidents