Category: Road Accident Fund

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In Road Accident Fund

Duty or discretion?

Maponya Attorneys
Much can be, and has been, said about the Road Accident Fund Regulations of 2008. Of particular interest is the question of whether the Minister of Transport has an obligation to publish operational guidelines so claimants and their attorneys can comply with the Regulations and, in particular, Regulation 3. “ Click...
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June 27, 2015 by Maponya
In Road Accident Fund

“Shocking” Developments

Maponya Attorneys
Emotional shock can be described as a condition where a person suffers psychologically due to the infringement of mental and intellectual wellbeing, emotional sorrow, sadness or grief. Section 19(g) of the RAF Amendment Act states that the Road Accident Fund is not liable for any damage suffered from emotional shock...
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March 28, 2015 by Maponya
In Road Accident Fund

The impact of the RAF Statutory Cap

Maponya Attorneys
Legal practitioners, particularly those dealing pre- dominantly with RAF matters, are by now aware of the Elizabeth Jemma Sweatman v the Road Accident Fund 2013 JDR 2821 (WCC) judgement. This matter was heard on October 15 and 16 2013 and judgement was granted on December 3 in the Western Cape...
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November 28, 2014 by Maponya
In Road Accident Fund

Unaware

Maponya Attorneys
In a recent matter, RAF v Mdeyide, decided on September 30 2010, the Constitutional Court had to decide whether s12(3) of the Prescription Act applies to claims under the RAF Act by virtue of s16 of the Prescription Act. In other words should, or could the knowledge requirement of the...
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March 28, 2011 by Maponya
In Road Accident Fund

Foreigners and the RAF

Maponya Attorneys
The Road Accident Fund provides compulsory cover to all road users, resident or foreigner, against injuries sustained or death arising from accidents involving motor vehicles within the borders of South Africa. This cover is in the form of indemnity insurance to persons who cause the accident, as well as personal...
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March 28, 2010 by Maponya
In Road Accident Fund

Pruning the Money Tree

Maponya Attorneys
Medical service providers “suppliers" may submit their accounts to the Road Accident Fund (RAF) directly for payment (s17(5). The question that arises is whether the RAF is liable for any legal costs which may be incurred in the submission of the account for payment. s17 does not make provision for...
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March 28, 2009 by Maponya