Mlamli v Johnstone NO and Another (955/2024)
Mlamli v Johnstone NO and Another (955/2024) [2024] ZAECMKHC 40; 2024 (4) SA 611 (ECMk) (9 April 2024)
The court found that the applicant's claim was at risk of prescription, rendering the matter urgent. The Road Accident Fund acted unlawfully by refusing to accept and acknowledge receipt of the applicant's lodgement documents, as it has no legislative authority to do so under the Road Accident Fund Act. The prescribed requirements for claim forms are directory, and substantial compliance suffices. The Fund's reliance on Board Notice 271 of 2022 and the new RAF 1 form was misplaced, as these were declared unlawful and set aside by the Full Bench in Legal Practitioners Indemnity Insurance Fund…
Source excerpt
- Road Accident Fund Act
- Lodgement Of Claims
- Substantial Compliance
- Prescription
- Board Notice 271 2022