Mudawo and Others v Minister of Transport and Another (011795/2022)
Mudawo and Others v Minister of Transport and Another (011795/2022) [2024] ZAGPPHC 258 (26 March 2024)
The court held that the Minister of Transport and the Road Accident Fund acted ultra vires by imposing requirements in the RAF1 claim form and Management Directive that exclude illegal foreigners from claiming compensation under the Road Accident Fund Act. The phrase 'any person' in section 17 of the Act is broad and inclusive, and there is no textual, contextual, or purposive basis to interpret it restrictively. The administrative actions of the Minister and RAF, whether by policy decision or directive, cannot lawfully amend or limit the scope of the Act. The impugned requirements are theref…
Source excerpt
- Ultra Vires Review
- Road Accident Fund Act
- Policy Directive Review
- Statutory Interpretation
- Equality Before Law