South Africa Case Law

Mbatha v Multilateral Motor Vehicle Accidents Fund (29/96)

Mbatha v Multilateral Motor Vehicle Accidents Fund (29/96) [1997] ZASCA 25; 1997 (3) SA 713 (SCA); [1997] 2 All SA 483 (A); (26 March 1997)

Court

Supreme Court of Appeal

Case number

29/96

Judges

Harms, Hefer, Nienaber, Olivier, Scott

The Supreme Court of Appeal held that Regulation 3(2)(a)(i), which requires claims against the Fund in unidentified vehicle cases to be lodged within two years, is intra vires s 6 of the Multilateral Motor Vehicle Accidents Fund Act 93 of 1989. The regulation gives effect to the Agreement and is not inconsistent with its provisions, even after subsequent amendments. The two-year time limit is reasonable and justified due to the increased risk of fraud and evidentiary difficulties in unidentified vehicle cases. The extended five-year prescription period under Article 57 of the Agreement applie…

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• Prescription Of Claims
• Ultra Vires Regulation
• Motor Vehicle Accident Fund
• Special Plea
• Third Party Insurance

Chauke v Santam Ltd. (710/1994)

Chauke v Santam Ltd. (710/1994) [1996] ZASCA 120; 1997 (1) SA 178 (SCA); [1997] 4 All SA 59 (A); (27 September 1996)

Court

Supreme Court of Appeal

Case number

710/1994

Judges

E M Grosskopf, M Kumleben, P M Nienaber, Olivier, R Zulman

The Supreme Court of Appeal held that the Clark model forklift in question was not designed or adapted for general propulsion on a road. Its features, including low speed, lack of lights and indicators, limited driver visibility, and exclusive use for lifting and conveying heavy loads within a warehouse or yard, rendered it unsuitable and hazardous for ordinary road use. The evidence showed that the forklift was not registered for road use, was not permitted to leave the premises, and required a trailer for transport between locations. Applying an objective, common sense interpretation of the…

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• Motor Vehicle Accidents Act
• Definition Of Motor Vehicle
• Statutory Interpretation
• Special Plea
• Third Party Insurance

Santam Insurance Company Ltd. v Fourie (113/95)

Santam Insurance Company Ltd. v Fourie (113/95) [1996] ZASCA 122; 1997 (1) SA 611 (SCA); [1997] 1 All SA 590 (A); (27 September 1996)

Court

Supreme Court of Appeal

Case number

113/95

Judges

E M Grosskopf, Eksteen, Howie, Scott, Zulman

The court held that the children suffered no patrimonial loss from their mother’s death because she contributed less to the household than she received.

• Loss Of Support
• Patrimonial Loss
• Third Party Insurance
• Calculation Of Damages
• Loss-of-support
• Patrimonial-loss

Multilateral Motor Vehicle Accidents Fund v Marambana (636/94)

Multilateral Motor Vehicle Accidents Fund v Marambana (636/94) [1996] ZASCA 60; 1996 (4) SA 48 (SCA); [1996] 3 All SA 8 (A); (30 May 1996)

Court

Supreme Court of Appeal

Case number

636/94

Judges

Harms, Hefer, Nestadt, Schutz, Scott

The Supreme Court of Appeal held that, based on the wording of section 9(1)(bb) of the Motor Vehicle Accidents Act 28 of 1986 (Ciskei), as amended, and the legislative history traced through previous statutes and judicial interpretation, ordinary (casual) passengers are not entitled to claim general damages from the Fund. The phrase 'excluding the payment of compensation in respect of any other loss or damage' in section 9(1)(bb) must be understood, in context and in light of the historical development of the legislation, as limiting the Fund's liability to the specified special damages only.…

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• Motor Vehicle Accident Liability
• General Damages Limitation
• Statutory Interpretation
• Third Party Insurance

National Employer's General Insurance Company Ltd. v Galant (56/83)

National Employer's General Insurance Company Ltd. v Galant (56/83) [1984] ZASCA 168 (10 December 1984)

Court

Supreme Court of Appeal

Case number

56/83

Judges

Jansen, Miller, Cillié

The appeal concerned negligence and apportionment after a head-on motor collision. The court upheld the finding that Krotz was negligent and dismissed the appeal.

• Negligence
• Apportionment Of Fault
• Third Party Insurance
• Motor Vehicle Collision
• Apportionment-of-fault
• Motor-vehicle-collision