Barnard obo Cakwebe v Road Accident Fund (2916/2013)
Barnard obo Cakwebe v Road Accident Fund (2916/2013) [2016] ZAECPEHC 71; 2017 (1) SA 245 (ECP) (25 October 2016)
Section 17(4)(a) of the Road Accident Fund Act is not limited to health-related services regulated by tariffs under the National Health Act. The phrase 'in accordance with the tariff contemplated in subsection (4B)' serves only to restrict the Fund's liability for services subject to prescribed tariffs, not to confine the scope of the undertaking. The legislative history and established judicial interpretation support a broad reading that includes the costs of a domestic assistant and a curator bonis. The restrictive interpretation adopted in Mphirime is rejected. The undertaking furnished by…
Source excerpt
- Road Accident Fund Act
- Future Medical Expenses
- Statutory Interpretation
- Curator Bonis Costs
- Domestic Assistant Claims