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Civil Procedure [2005] ZAGPHC 96

Strauss v Road Accident Fund (1157/04)

Strauss v Road Accident Fund (1157/04) [2005] ZAGPHC 96; 2006 (1) SA 70 (T) (23 September 2005)

The court found that the plaintiff took all reasonable steps to comply with Regulation 2(1)(c) by attempting to report the accident and submit the required affidavit to the police within the prescribed fourteen-day period. The evidence established that the police's refusal to accept the affidavit and their demand for additional documentation made it impossible for the plaintiff to comply strictly with the regulation. Applying the maxim lex non cogit ad impossibilia, the court held that impossibility caused by circumstances beyond the plaintiff's control excuses non-compliance with statutory f…

  • Road Accident Fund Act
  • Regulation 2 1 C Compliance
  • Lex Non Cogit Ad Impossibilia
  • Special Plea
  • Affidavit Submission
  • Procedural Impossibility
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