South Africa Case Law

Tsotetsi v Mutual and Federal Insurance Company Ltd (CCT16/95)

Tsotetsi v Mutual and Federal Insurance Company Ltd (CCT16/95) [1996] ZACC 19; 1996 (11) BCLR 1439; 1997 (1) SA 585 (12 September 1996)

Court

Constitutional Court

Case number

CCT16/95

Judges

CME O'Regan, Chaskalson, Mahomed, Ackermann, Didcott, Kriegler, Langa, Madala, Mokgoro, Ngoepe, Sachs

The Constitutional Court held that the referral from the Transvaal Provincial Division was not competent because the issue referred could not be decisive of the case before that court. The accident and the applicant's claim arose before the Constitution came into force, and the respondent's liability was fixed at the time of the accident. The Constitution does not apply retrospectively to rights vested before its commencement, and no exceptional circumstances exist to warrant a departure from this principle. The applicant's arguments regarding the nature of the respondent and the alleged gros…

Source excerpt

• Retrospective Application Of Constitution
• Direct Access
• Motor Vehicle Accident Fund
• Limitation Of Damages