South Africa Case Law

Da Silva v Road Accident Fund and Another (1349/2008)

Da Silva v Road Accident Fund and Another (1349/2008) [2014] ZAFSHC 249 (24 January 2014)

Court

Free State High Court, Bloemfontein

Case number

1349/2008

Judge

M. H. Rampai

Section 19(b)(ii) of the Road Accident Fund Act 56 of 1996, as it stood prior to 1 August 2008, is inconsistent with the Constitution because it arbitrarily and unfairly excludes certain categories of social passengers from compensation solely on the basis of their relationship to the driver, such as being a member of the household or owing a duty of support. This exclusion constitutes unfair discrimination on the grounds of marital status, sex, age, and birth, and is not rationally connected to any legitimate governmental purpose. The provision undermines the constitutional guarantee of equa…

Source excerpt

• Equality Before Law
• Unfair Discrimination
• Road Accident Fund Act
• Social Security Legislation
• Constitutional Invalidity
• Transitional Provisions

Mvumvu and Others v Minister of Transport and Another (CCT 67/10)

Mvumvu and Others v Minister of Transport and Another (CCT 67/10) [2011] ZACC 1; 2011 (2) SA 473 (CC) ; 2011 (5) BCLR 488 (CC) (17 January 2011)

Court

Constitutional Court

Case number

CCT 67/10

Judges

Jafta, Ngcobo, Moseneke, Brand, Cameron, Froneman, Khampepe, Mogoeng, Nkabinde, Skweyiya

The Constitutional Court held that Road Accident Fund compensation caps for certain passengers were unfairly discriminatory and invalid, but suspended the order for 18 months.

• Equality Clause
• Unfair Discrimination
• Road Accident Fund Act
• Retrospective Invalidity
• Just And Equitable Remedy
• Social Security Legislation