Court : South Africa Supreme Court of Appeal
..... [12] [29] with reference to the decision of this court in union government v ocean accident and guarantee corporation ltd,[13]neethling et al point out that courts have, as a rule, refused to extend delictual liability for negligent interference with a contractual relationship beyond historically justified instances. ..... [31] sekgota v south african railways and harbours; ramotseo v south african railways and harbours1974 (3) sa 309 (a) at 314d-e; road accident fund v delport no 2006 (3) sa 172 (sca) para 22. ..... [13] union government v ocean accident and guarantee corporation ltd 1956 (1) sa 577 (a). .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... this case has to do with the substantive and procedural legal requirements that follow consequent upon the rejection by the road accident fund (raf) of the assessment by one of its own experts that an injury which had been sustained in a motor ..... [14] in both the high court and this court the raf relied strongly on the following passage from road accident fund v duma and three similar cases:[3] the decision whether or not the injury of a third party is serious enough to meet the threshold requirement for an award of general damages was conferred on the ..... [2] the issues arise from changes to the legislative scheme of the road accident fund act 56 of 1996 (the act), which took effect on 1 ..... the order of the high court that the road accident fund is to pay the plaintiff the sum of r350 000 as general ..... these changes were introduced by the road accident fund amendment act 19 of 2005 (the amendment act) together with road accident fund regulations (the regulations) promulgated in terms of the ..... the order of the high court that the road accident fund is to pay the plaintiff the sum of r350 000 as general ..... [7] meyer v road accident fund [2013] zagnphc 446 (4 december 2013) ..... in meyer v road accident fund[7]potterill j expressly disagreed with the correctness of weiner js decision, holding it to ..... [33] in road accident fund v lebeko[15]this court held that, in the absence of the prescribed assessment having been made in terms of the regulations, the high court could not make an order for the .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... section 25 of that act required that before action could be instituted against an authorized insurer for damages suffered as a result of a motor accident, the plaintiff had to send a claim in the prescribed form setting out the nature of the bodily injuries suffered, medical reports and various other details to the insurer. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the only facts relevant to the plea of prescription that it contained were the date of the accident, that he was treated at the nelson mandela hospital and some general allegations of negligence on the part of the hospital staff. ..... judgment wallis ja (mthiyane dp, maya ja and van zyl and mathopo ajja concurring) [1] mr mbodla was injured in a motor accident on 25 june 2006. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... statutory form 1 claim form for compensation and medical report; (b) the statutory medical report; (c)a copy of appellant's identity document; (d) a copy of appellant's driver's licence; (e) the statutory affidavit in terms of s 19(f)(i) of the act; (f) a copy of the official accident report; (g) acopy of clinical notes by appellant's physician; (h) a copy of a radiologist's report; (i) a copy of a certificate issued by appellant's employer; (j)a copy of appellant's statement to the investigating officer; (k) a copy of appellant's statement to comply with s 19(f)(i) of the ..... judgment petse ja (navsa and theron jja and swain and legodi ajja concurring): [1] the issue arising in this appeal is whether a claim for compensation lodged with the road accident fund (fund) established in terms of the road accident fund act 56 of 1996 (the act) is rendered invalid because the claim form apparently conveys that it is a claim under s 17(1)(a) of the act whereas it is evident from the accompanying documents that such a claim is in ..... together with his or her claim form as prescribed or within a reasonable period thereafter and if he or she is in a position to do so, an affidavit in which particulars of the accident that gave rise to the claim concerned are fully set out; or (ii) to furnish the fund or such agent with copies of all statements and documents relating to the accident that gave rise to the claim concerned, within a reasonable period after having come into possession thereof. . . .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [69] in relation to the reception of hearsay evidence in general, the constitutional court in molimi referred to the decision of this court in makhathini v road accident fund 2002 (1) sa 511 (sca) with apparent approval, stating the following at para 35: in comparison to the common law the act allows a more nuanced approach to the admission of hearsay evidence. ..... as the supreme court of appeal stated in makhathini v road accident fund, in the application of the act in the context of a civil case, the act requires the court to take a contextual approach. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... first, the high court, relying on road accident fund v mongalo; nkabinde v road accident fund 2003 (3) sa 119 (sca) para 6, held that as the appellant initially asserted in her founding affidavit that her customary marriage was concluded on 1 november 1970, which turned out to be untrue, she could not rely on ..... in road accident fund v mongalo; road accident fund v nkabinde[6]this court said (paras 6-7): [6] the starting point in establishing the meaning of 'conclusive proof' must be principle. ..... [6] road accident fund v mongalo; nkabinde v road accident fund 2003 (3) sa 119 (sca) paras 6-7. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... , johannesburg on multiple charges including one count of murder, read with the provisions of s 51(2) of the criminal law amendment act 105 of 1997; reckless or negligent driving of a motor vehicle; failure to stop his vehicle after an accident; failure to ascertain the nature of the injury sustained by any person(s) and failure to render such assistance to the injured person(s); as he was capable of rendering. ..... statement, the appellant admitted all the essential allegations against him, his only defence being that he did not stop after the two accidents because of fear for his life as the people around the scene threatened to attack him. ..... some time, lulu was alerted to an article which had appeared in the daily sun newspaper which carried a report about the accident and which apparently had the details of a police officer called owen who could be contacted. ..... that he never instructed his counsel to deny that he was the driver of the taxi which caused the accident as he had admitted this in his warning statement. ..... he handed into court the accident investigation report which contains some photographs of the scene and the taxi involved in the accident as well as a sketch-plan with some measurements as ..... crucially, she testified that after the accident, she went after this vehicle and recorded its registration number in her ..... state then called sergeant joseph david du plessis, who is the officer from the johannesburg metropolitan police who attended the scene of the accident on the same day. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [21] apdol v road accident fund2013 (2) sa 287 (gnp) para 25. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [17] sa rail had placed in issue the allegation made by mr morare that at the time of the accident he was in possession of a valid train ticket. ..... mr louw, counsel representing sa rail, however, agreed when questioned by the court of first instance that this is a generic term used for an accident. .....
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