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South Africa Case Law

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Civil Procedure [2024] ZAFSHC 150

Raseyalo v Road Accident Fund (958/2023)

Raseyalo v Road Accident Fund (958/2023) [2024] ZAFSHC 150 (1 July 2024)

Court
Free State High Court, Bloemfontein
Case number
958/2023
Judge
PJ Loubser

The court found that Board Notice 271 of 2022, issued under Regulation 7(1) of the Road Accident Fund Regulations, is invalid and unlawful following the Full Bench decision in Mautla and Others v Road Accident Fund and Others. Regulation 7(1) was declared unconstitutional and set aside, and any Board Notices issued under its authority have no legal effect. The Defendant cannot rely on Board Notice 271 of 2022 to challenge the Plaintiff's claim. The Plaintiff's claim was substantially compliant with the requirements of the Road Accident Fund Act, and the Defendant's special pleas based on non-…

Source excerpt

  • Road Accident Fund Claims
  • Special Plea
  • Board Notice Validity
  • Regulation 7 1
  • Substantial Compliance
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Civil Procedure [2023] ZAGPJHC 519

Standard Bank of South Africa Ltd v Makaula and Another (2022/1538)

Standard Bank of South Africa Ltd v Makaula and Another (2022/1538) [2023] ZAGPJHC 519 (19 May 2023)

Court
South Gauteng High Court, Johannesburg
Case number
2022/1538
Judge
H P van Nieuwenhuizen

The court held that, although the reasoning in Royal Hotel and Radue Weir Holdings Ltd t/a Weirs Cash & Carry v Galleus Investments CC t/a Bargain Wholesalers is persuasive in requiring impartiality and unbiased conduct from commissioners of oaths, the binding authority in S v Van Schalkwyk requires that the 'interest' referenced in Regulation 7(1) be interpreted as a pecuniary interest, an interest in a proprietary right, or an interest affecting the legal rights or liabilities of the commissioner. As the attorney commissioning the affidavit was not the attorney of record in the matter, and…

Source excerpt

  • Commissioner Of Oaths Interest
  • Default Judgment
  • Justices Of The Peace And Commissioner Of Oaths Act
  • Regulation 7 1
  • Section 10 Affidavit
  • National Credit Act Section 129
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.