Legal Articles and Guides
The difference between registered mail and secured mail to serve road traffic offences – better known as Aarto notices – was a hot topic of debate in the Gauteng High Court (Pretoria) this week. The Justice Project SA insisted that either personal service or service by registered mail was the only way in which to serve traffic fines in terms of the Aarto Act.
One of the Eastern Cape's most controversial lawyers – who has been involved in a number of medico-legal and Road Accident Fund (RAF) cases – has been arrested. The lawyer, not named in the TimesLIVE report, was arrested in Mthatha yesterday evening by a Hawks team lead by national investigators. He is due in the Mthatha Magistrate’s Court today.
A widow has won her appeal against the Road Accident Fund (RAF) for compensation in the Western Cape High Court after her common law husband was killed when knocked over by a container being conveyed by a so-called ‘reach stacker’ at the Multipurpose Terminal at Cape Town Harbour nearly nine years ago.
Speedsters driving through the Free State are in for a shock after the Director of Public Prosecutions banned all diversion programmes for these offences, Rapport reports. Acting DPP, Advocate Navilla Sumaro, says in a directive to prosecutors that a ‘diversion practice’ had been created where speedsters were found to have exceeded the limit by 30km/h in urban areas and 40km/h on freeways, but these offences were now to be treated as a ‘priority crime’.
Absa has been accused by an exotic car dealership of trying to bully it into liquidation with claims that it owes it more than R400m, says a Business Day report. The owners of Ballito-based SMD Group – which sells Ferraris, Porsches and Lamborghinis – dispute the amount and said Absa had ignored an offer from a private equity firm to buy the company for almost R200m.
A stunt woman who suffered devastating injuries during the filming of the world-renowned science fiction action film, Resident Evil: The Final Chapter, during a scene which was shot outside Pretoria, had instituted a claim for more than R40m in damages against various stakeholders.
Couples no longer have to be legally married to claim for loss of support and maintenance in the case of death. This is according to a ruling by Gauteng High Court Judge Colleen Collis, who delivered a ground-breaking judgment for unmarried couples last week.
AfriForum yesterday said it would support the family of Reshall Jimmy, who burnt to death in a Ford Kuga, in their battle with Ford Motor Company. 'The criminal justice system failed the victim in this case. The family has been waiting almost three years for the case to be investigated,' said Advocate Gerrie Nel, head of AfriForum's private prosecution unit, at a media briefing in Centurion.
Carly Bonnesse (24) – left brain damaged and paralysed in a Van der Kemp’s Kloof bridge crash 11 years ago – has now turned to the Eastern Cape High Court (Port Elizabeth) to force the Road Accident Fund (RAF) to pay for a car. The Herald reports Bonnesse has also been battling to get payment for her carers and alterations to her home.
The Road Traffic Management Corp (RTMC) is pushing for tougher action against those arrested for drunk driving – including making them spend at least seven days in a cell before they can be considered for bail, according to the Sunday Times. In a proposal to the Department of Justice, the RTMC asks that driving under the influence (DUI), speeding and reckless or negligent driving be reclassified in terms of the Criminal Procedure Act.
The family of Reshall Jimmy‚ who burnt to death in his Ford Kuga‚ are a step closer to learning why his luxury SUV inexplicably caught alight and finding closure, says a TimesLIVE report. In a notice issued to the Jimmy family yesterday‚ the Justice Department revealed that an inquest into his death would be held in February 2019 – more than three years after he died.
The long-awaited test case of e-toll defaulters has been handed to Judge Ronél Tolmay of the Gauteng High Court (Pretoria), says Rapport. The defendant is Thandanani Packers & Hauliers, of Benoni, which allegedly owes Sanral more than R400 000.
An Eastern Cape High Court judgment has reignited a 14 year-old battle between a government spokesperson, a vehicle dealership and Wesbank, says a Mail & Guardian Online report. Mzukisi Ndara, the spokesperson of the province’s Deputy Labour Minister, alleged that as a result of fraud by the bank and the King William’s Town Datsin Nissan dealership, he lost his creditworthiness, his job and had to let go of two houses.
The Road Accident Fund says it needs R2bn in the current financial year to meet its obligations, Rapport reports. RAF spokesperson Phumelela Dhlomo said the fund had fallen behind with payments to 4 767 by last week. Outstanding payments amount to R11.37bn and total contingent liability amounts to R206.1bn.
In what a Business Day report says could signal an end to the battle over the country’s National Traffic Information System (eNaTIS)‚ the Constitutional Court yesterday ruled in favour of the Department of Transport. The effect of the judgment, it says, is that‚ essentially‚ the department is not required to pay the R33m claimed by Tasima for services related to eNaTIS that the company claimed to have provided to the department after June 2015.