Road Accident Fund v Masindi (586/2017)
Road Accident Fund v Masindi (586/2017) [2018] ZASCA 94; 2018 (6) SA 481 (SCA) (1 June 2018)
The Supreme Court of Appeal held that, on a proper interpretation of s 23(3) of the Road Accident Fund Act, where the last day of the five year prescription period falls on a day when the court is closed, such as a public holiday, the period is extended to the next working day. The court reasoned that a strict and literal approach would unjustly deprive claimants of their full statutory period and infringe the constitutional right of access to courts. The court drew on English authorities, notably Pritam Kaur and Nottingham City Council, which endorse extending statutory periods to the next w…
Source excerpt
- Prescription Periods
- Statutory Interpretation
- Road Accident Fund Act
- Access To Courts
- Public Holiday Extension