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South Africa decisions
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Road Accident Fund v Ndaba (A184/06) [2008] ZAGPHC 236 (30 July 2008)
The High Court held that Joseph Ndaba’s motor vehicle damages claim was not prescribed and dismissed the Road Accident Fund’s appeal with costs.
Road Accident Fund v Smith NO (555/96) [1998] ZASCA 86; 1999 (1) SA 92 (SCA); [1998] 4 All SA 429 (A) (28 September 1998)
The Supreme Court of Appeal held that Article 56 of the Agreement under the Multilateral Motor Vehicle Accidents Fund Act 93 of 1989 is inconsistent with section 13(1) of the Prescription Act 68 of 1969 regarding the suspension or extension of prescription for certain classes of persons. Article 56 specifically lists minors, persons detained under mental health legislation, and persons under curatorship as protected from prescription, but does not include insane persons who are not detained. The legislative history and statutory wording indicate that Parliament intended to exclude the broader…
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