Legal Articles and Guides
The Road Accident Fund is a state-supported insurance fund that provides cover to all road users in South Africa in the event of a road accident. If someone is injured or killed in a motor vehicle accident because one of the drivers was negligent, they or their loved ones can lodge a claim with the Road Accident Fund (RAF). This means that even if the driver of the car doesn't have insurance, people injured in the accident (or the loved ones of people killed in the accident) can get money from the fund to help pay medical expenses and to compensate for wages they may have lost as a result of the accident.
The Eastern Cape High Court (Grahamstown) has granted the Eastern Cape Roads and Public Works Department leave to appeal a far-reaching judgment allowing farmers to fix their own damaged dirt roads and then bill the government, says a Daily Dispatch report. In March the court ordered the department to immediately begin implementing plans to repair and maintain its extensive and largely dysfunctional rural road network.
Albert Venter, the brains behind the ‘new car for only R699 per month’ scheme, is losing his Pretoria house after Standard Bank obtained judgment of R7.8m against him. According to a report in Rapport the property is up for sale. The scheme left thousands of motorists with problems when advertising revenue for advertisements placed on the cars was not forthcoming.
The chairperson of the cash-strapped Road Accident Fund is said to have pushed for a ‘consolation prize’ candidate who ‘lacks technical skill’ to head up the organisation rather than a higher scoring candidate who he felt was ‘too strong’. Chairman Ntuthuko Bhengu is also accused in court papers of making unilateral decisions without input from board members‚ in the latest controversy to rock the beleaguered fund, notes a TimesLIVE report.
The owner of the truck that crashed into several vehicles on Field’s Hill in 2013 killing 24 people has entered into a plea agreement with the state that will see him avoid jail time. According to a report on the IoL site, Gregory Govender, the owner of Sagekal Logistics, will, under the plea and sentence agreement, pay a combined fine of R25 000.
A man who was a passenger in a car crash is to get about R5.4m from the Road Accident Fund, says a Netwerk24 report. Gerhardus Johannes Brits (28) sustained severe brain injuries and several facial fractures when the bakkie crashed into the back of another vehicle and he was thrown through the windscreen. He had claimed R9.2m from the fund.
Mandie is cruising along at 31 km/h over the speed limit in an attempt to keep up with the rest of the cars on the road. She thinks she is simply going with the flow of the traffic when suddenly she sees flashing lights in her rear-view mirror. Mandie does not take traffic laws seriously and has come to accept traffic fines as a “fact of life”. She regards transgression as bending the rules rather than the commitment of a crime.
Port Elizabeth cyclist Christian Moolman (59) – who suffered severe and debilitating injuries after an unknown vehicle, presumably a truck, crashed into him in November 2013 – has been awarded more than R4m in damages. The Herald reports in addition, the Eastern Cape High Court (Port Elizabeth) ordered the RAF to foot the bill for Moolman’s legal fees, as well as give an undertaking that it would pay any future medical bills or future accommodation in a nursing home.
The Electronic National Administration Traffic Information System (eNatis) has already started crumbling‚ with some vehicle licensing centres affected‚ due to Tasima's stalling in handing over the system to the Road Traffic Management Corporation (RTMC). This is according to an affidavit by the corporation's boss‚ Makhosini Msibi‚ filed in the Gauteng High Court (Pretoria), notes a TimesLIVE report.
Two cases from the 1800s – one involving a stolen ostrich and one a borrowed horse that fell into one of Grahamstown’s potholes – have established that you can sue for damages even when driving a vehicle not belonging to you, says a Daily Dispatch report.
Despite a Gauteng High Court (Pretoria) judgment criticising the practices of the Road Traffic Infringement Agency‚ the judge did not rule that all similar Aarto infringement notices issued since 2008 must be scrapped. This is according to Howard Dembovsky‚ national chairman of Justice Project SA, notes a TimesLIVE report.
The Gauteng High Court (Pretoria) has ruled that millions of traffic fines issued under the Administrative Adjudication of Road Traffic Offences (Aarto) Act since 2008 must be scrapped where authorities did not comply with the Act’s conditions. The Citizen reports the ruling comes after the High Court confirmed traffic authorities have to abide by the letter of the Aarto Act, and ordered that the fines before the court must be cancelled.
The Randburg Magistrate’s Court has dismissed an application for a discharge by Preshalin Naidoo‚ the man accused of causing the death of Top Billing presenter Simba Mhere, says a TimesLIVE report. Naidoo faces charges of culpable homicide and reckless and negligent driving following the death of Mhere and his friend‚ Kady-Shay O’Bryan‚ who was a passenger in the car Mhere was driving.
The Road Accident Fund (RAF) has stopped payments because its bank account has been attached by the Sheriff of the Court‚ according to its CEO Dr Eugene Watson. He blamed this on ‘a few legal firms whose actions have disrupted an established cash management plan which now inconsiderately prioritises them over those who have patiently been awaiting payment’ – a claim which set lawyers against lawyers, notes Legalbrief.
The Gauteng government has concluded a wide-ranging investigation into financial irregularities at 34 provincial licensing centres‚ indentifying a syndicate that could involve hundreds of officials who have been accepting bribes in exchange for clearing unpaid fines.