Nxolo v Road Accident Fund (34757/2014; 60468/2018)
Nxolo v Road Accident Fund (34757/2014; 60468/2018) [2024] ZAGPPHC 1350 (11 December 2024)
The court held that granting a second order compelling the Road Accident Fund to furnish an undertaking, when such an order has already been granted, is improper and undermines the authority of the original order. The correct remedy for non-compliance with a court order ad factum praestandum is to initiate civil contempt proceedings against the responsible officials. The practice of repeatedly applying for duplicate orders is disconcerting, wasteful, and should be halted. The Road Accident Fund, as an organ of State, has a heightened duty to comply with court orders and respect the rule of la…
Source excerpt
- Contempt Of Court
- Duplicate Orders
- Road Accident Fund Act
- Ad Factum Praestandum