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Civil Procedure [2006] ZASCA 172

Road Accident Fund v Smith (334/05)

Road Accident Fund v Smith (334/05) [2006] ZASCA 172; 2007 (1) SA 172 (SCA) (28 September 2006)

The Supreme Court of Appeal held that compliance with regulation 2(1)(c) of the Road Accident Fund Act is a precondition to the Fund's liability to compensate a claimant, but not to the existence of the claim itself. The Fund, as the beneficiary of the regulation, is competent to waive compliance, even though the provision is couched in peremptory terms. The Fund's conduct in this case—engaging with the merits, requesting further information, and indicating a willingness to concede the merits—was inconsistent with a challenge to enforceability based on non-compliance. The Fund only raised the…

  • Road Accident Fund Act
  • Waiver Of Statutory Precondition
  • Hit And Run Claims
  • Regulation 2 1 C Compliance
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