South Africa Case Law

Bell v Road Accident Fund (121/06)

Bell v Road Accident Fund (121/06) [2007] ZASCA 83; [2007] SCA 83 (RSA) 2007 (6) SA 48 (SCA) (1 June 2007)

Court

Supreme Court of Appeal

Case number

121/06

Judges

Streicher, Cameron, Jafta, Snyders, Theron

The Supreme Court of Appeal held that the flatbed transporter in question was designed for propulsion on a road, specifically within the airport's operational area, which features a road system with traffic controls and is used by various vehicles and pedestrians. The court rejected the respondent's argument that 'road' in the statutory definition should be limited to 'public road', finding instead that the legislature intended 'road' to have its ordinary meaning. The court adopted the reasoning in Road Accident Fund v Mbendera, confirming that the relevant legislation applies to vehicles use…

Source excerpt

• Definition Of Motor Vehicle
• Multilateral Motor Vehicle Accidents Fund Act
• Statutory Interpretation
• Road Accident Fund Liability

Moloi and Others v Road Accident Fund (413/98)

Moloi and Others v Road Accident Fund (413/98) [2000] ZASCA 53; 2001 (3) SA 546 (SCA) ; [2000] 4 All SA 576 (A) (29 September 2000)

Court

Supreme Court of Appeal

Case number

413/98

Judges

Smalberger, Vivier, Howie, Streicher, Farlam

The court held that a regulation fixing a two-year period for unidentified-vehicle claims could not override the Prescription Act or make minors’ rights conditional.

• Prescription Act Section 13
• Prescription Act Section 16
• Multilateral Motor Vehicle Accidents Fund Act
• Ultra Vires Regulation
• Minor Claims Prescription
• Unidentified Vehicle Liability

Mutual and Federal Insurance Company Ltd. v Ndebele (535/94)

Mutual and Federal Insurance Company Ltd. v Ndebele (535/94) [1996] ZASCA 44; [1996] 2 All SA 286 (A) (29 March 1996)

Court

Supreme Court of Appeal

Case number

535/94

Judges

Hefer, Vivier, Howie, Schutz, Plewman

The court held that an undertaking for future medical costs under Article 43(a) may be limited to an apportioned share where liability is reduced for contributory fault.

• Apportionment Of Damages Act
• Multilateral Motor Vehicle Accidents Fund Act
• Future Medical Expenses
• Undertaking In Lieu Of Payment
• Apportionment-of-damages
• Future-medical-expenses

Tsotetsi v Mutual and Federal Insurance (6654/94)

Tsotetsi v Mutual and Federal Insurance (6654/94) [1995] ZAGPHC 2 (13 February 1995)

Court

High Courts - Gauteng

Case number

6654/94

Judge

Curlewis

The court allowed an amendment raising a constitutional challenge to motor vehicle compensation provisions and referred the matter to the Constitutional Court, with wasted costs against the plaintiff.

• Constitutional Referral
• Equality Before The Law
• Multilateral Motor Vehicle Accidents Fund Act
• Third Party Claims
• Constitutional-referral
• Equality-before-the-law