Court : South Africa Supreme Court of Appeal
..... lord greene m r in bidie v general accident fire and life assurance corporation limited [1949] 1 ch 121 at 129 said the following: the first thing to be done, i think, in construing particular words in a section of an act of parliament is not to take those words in vacuo, so to speak, and .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... ] zasca 112; 2007 (3) sa 266 (sca) paras 52 et seq; hos and med medical aid scheme v thebe ya bophelo healthcare marketing and consulting (pty) ltd [2007] zasca 163; 2008 (2) sa 608 (sca) paras 28 et seq; road accident fund v cloete no 2010 (6) sa 120 (sca) para 36). .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... in wright v multilateral vehicle accident fund (corbett and honey. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... these included the disproportionate awards for general damages in respect of pain and suffering, loss of amenities of life non-pecuniary damages as between road accident victims who suffer long-term disability, on the one hand, and those who do not, on the other. ..... 2.2 the defendant is ordered to furnish the plaintiff with an undertaking in terms of s 17(4)(a) of the road accident fund act 56 of 1996, to compensate him for the costs of the future accommodation of the plaintiff in a hospital or nursing home or treatment of or rendering of a service or supplying of goods to him arising out of the injuries sustained in the motor vehicle ..... 2.2 the defendant is ordered to furnish the plaintiff with an undertaking in terms of s 17(4)(a) of the road accident fund act 56 of 1996, to compensate him for the costs of the future accommodation of the plaintiff in a hospital or nursing home or treatment of or rendering of a service or supplying of goods to him arising out of the injuries sustained in the motor vehicle ..... the real issue in this appeal is how a serious injury is to be assessed for the purposes of s 17(1a) of the road accident fund act 56 of 1996 (the act). ..... [4] the commissions recommendations were adopted in the road accident fund amendment act 19 of 2005. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... it runs counter to those decisions which underscored the importance of compliance with rule 10a (see eg van der merwe v road accident fund (womens legal centre trust as amicae curiae) [2006] zacc 4; 2006 (4) sa 230 (cc) para 7; road accident fund v mdeyide (minister of transport intervening) [2007] zacc 7; 2008 (1) sa 535 (cc) para 27). ..... order of the high court is set aside and replaced as follows: (a) the defendant is to furnish an undertaking in terms of section 17(4)(a) of the road accident fund act 56 of 1996 for future medical expenses incurred by the plaintiff. ..... order of the high court is set aside and replaced as follows: (a) the defendant is to furnish an undertaking in terms of section 17(4)(a) of the road accident fund act 56 of 1996 for future medical expenses incurred by the plaintiff. ..... this does not mean, as was suggested, for instance, in louw v road accident fund (supra) at para 82, that the fund can avoid and frustrate every claim against it indefinitely by simply not taking a decision either ..... and matrix of the legislative scheme [3] as to the history of the legislative scheme, the provisions of sections 17 and 17(1a) that i have referred to were introduced into the act by the road accident fund amendment act 19 of 2005 which took effect on 1 august 2008. ..... judges sitting as court of first instance: road accident fund v duma nicholls j; road accident fund v kubeka trisk aj; road accident fund v meyer coetzee aj; and road accident fund v mokoena mbha j 1. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... on one day, 11 may 2009 he debited for the following hours worked: (a) sekgobela v the road accident fund - 5 hours of r1 000 an hour for perusal and preparation; (b) khumalo v the road accident fund - 4 hours for perusal and preparation; (c) makua v the road accident fund - 5 hours for perusal and preparation; (d) van schalkwyk v the road accident fund - 4 hours for perusal and preparation; (e) maphitshi v the road accident fund - 5 hours for perusal and preparation; (f) mosena v the road ..... taught them which cases stood a risk of proceeding and required rather more preparation, but the conduct of actions against the fund, at least on the merits, is rarely complex, involving as it does a description of how a particular motor accident occurred and an analysis of who was at fault and the degree of their fault. ..... it involved very large amounts of public money plundered from the fund, which exists to compensate the victims of road accidents for the damages they have suffered. ..... the appeals by them against the orders by the court below that they repay certain amounts to the road accident fund (the fund) should, however, succeed. ..... the road accident fund established under the road accident fund act 56 of 1996 is obliged to compensate any person for loss or damage from death or bodily injury caused by or arising from the negligent or other wrongful driving of a motor vehicle. ..... in the north gauteng high court there was a considerable backlog of cases against the road accident fund (the fund). .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [15] the argument was advanced that because the appellants wife had been injured in a motor accident some 11 years before, and is disabled to an extent as a result, the imposition of a custodial sentence on the appellant would work hardship on the appellants daughter because the appellant was responsible for most of the physical caring for .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... approach to sentence in matters of this kind was formulated with admirable clarity by corbett ja in s v nxumalo 1982 (3) sa 856 (a) at 861g when he said: it seems to me that in determining an appropriate sentence in such cases [ie cases of culpable homicide arising from traffic accidents] the basic criterion to which the court must have regard is the degree of culpability or blameworthiness exhibited by the accused in committing the negligent act. ..... [6] according to the appellant he was also seriously injured in the accident and was admitted to hospital for five days. ..... both passengers testified that the appellant had successfully executed the same manoeuvre that led to the accident on the fateful day on two previous occasions. ..... at the time of the collision he had therefore used the same route that traverses the railway crossing, where the accident occurred, for nearly ten years. ..... of these, four were eyewitnesses while the fifth was an engineer in the employ of metrorail who gave evidence about the technical aspects regarding traffic control at the railway crossing where the accident occurred. ..... he further maintained that he remembered absolutely nothing, from the time that he stopped behind the last vehicle in the queue in buttskop road, until he regained consciousness after the accident. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... on 19 april 2006, ms stroud sent an e-mail to the respondent enclosing the court order, a letter from the road accident fund confirming the settlement amount paid, a breakdown of the payments made to the company that built the house and the detailed account sent to her mother. ..... on 30 january 1988, when she was approximately four years old, the respondent sustained injuries and was rendered a paraplegic in a motor vehicle accident between two motor vehicles, a valiant, in which she was a passenger, and a toyota. ..... . he had initially accepted the teachers explanation that it was an accident .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [2] the regional court magistrate came to the conclusion that the appellant was guilty of murder on the basis of dolus eventualis in that: he foresaw that what he did would cause an accident, but he decided to adopt an: (sic! ..... his actions after the shooting are incongruous with his plea that it was all an unfortunate accident. .....
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