RAF slammed for not following court orders
The conduct of the Road Accident Fund (RAF) and its CEO, Collins Letsoalo, has been slammed in a Gauteng High Court (Pretoria) judgment, including the manner in which it has refused to abide by valid court orders.
A Moneyweb report says the RAF applied to stay the execution of 181 writs of execution issued by Sunshine Hospital.
Judge Jan Swanepoel said notwithstanding that the courts have expressed concern with the manner in which the fund has refused to abide by valid orders, it has continued to bring applications such as this one, ‘and not even punitive costs orders have brought about a change of heart’.
‘These applications have resulted in the public purse incurring substantial legal costs. This practice should not continue,’ he said.
‘It may be that courts have to start considering de bonis propriis cost orders against those officials at the RAF who are responsible for the launching of these type of applications, in this case the CEO, Mr Letsoalo.’
The RAF’s application was dismissed with costs.
However, Letsoalo said section 15 (3) of the RAF Act is very clear in that he will not be liable in his personal capacity for anything he has done in good faith.
Letsoalo claimed the ‘ugly head’ of ‘systemic bias’ is creeping in at the High Court against the RAF.
‘It looks like in some courts, when people see the name RAF, they have already taken a decision no matter what we say. This is one of the cases that I thought was ‘a slam dunk’. All we are saying is suspend the court order until we bring a rescission application so … the facts can be in front of the court to determine. How can that be mala fides?’ he asked.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.