South African Eagle Insurance Co. Ltd. v Bavuma (429/83)
South African Eagle Insurance Co. Ltd. v Bavuma (429/83) [1985] ZASCA 7; [1985] 2 All SA 190 (A) (28 March 1985)
The Supreme Court of Appeal held that section 8(5) of the Workmen's Compensation Act 30 of 1941 was enacted solely for the benefit of the Commissioner, and not for public interest or policy. The Commissioner is entitled to waive compliance with the section. In this case, the Commissioner's correspondence constituted a waiver of the requirement for prior written consent. Therefore, the respondent was excused from compliance with section 8(5) and the amendment to the particulars of claim was properly granted. The appeal was dismissed with costs.
Source excerpt
- Compulsory Motor Vehicle Insurance Act
- Workmens Compensation Act
- Waiver Of Statutory Rights
- Amendment Of Pleadings