South Africa Case Law

Geldenhuys & Joubert v Van Wyk and Another; Van Wyk v Geldenhuys & Joubert and Another (471/2003, 472/2003)

Geldenhuys & Joubert v Van Wyk and Another; Van Wyk v Geldenhuys & Joubert and Another (471/2003, 472/2003) [2004] ZASCA 121; [2005] 2 All SA 460 (SCA); 2005 (2) SA 512 (SCA) (30 November 2004)

Court

Supreme Court of Appeal

Case number

471/2003, 472/2003

Judges

Scott JA, Cameron JA, Brand JA, Nugent JA, Erasmus AJA

The Supreme Court of Appeal held that regulation 2(3), which requires claims for compensation involving injury caused by unidentified vehicles to be lodged within two years, is valid. The Act expressly empowers the Minister to subordinate the Fund's liability to unidentified vehicle claimants to regulatory conditions. The regulation makes the lodging of the claim within two years a precondition to the existence of the debt, and therefore the Prescription Act does not apply. The distinction between identified and unidentified vehicle claims is fundamental, as the latter creates a statutory rig…

Source excerpt

• Road Accident Fund Act
• Prescription Periods
• Ministerial Regulation Validity
• Unidentified Vehicle Claims
• Delegated Legislation
• Legal Disability