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Motor Vehicles

First e-toll test case in the offing

By Juta and Company (Pty) Ltd Published on Monday, 22 October 2018
Tags: #Litigation #Motor Vehicles
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.

Judgment re-opens 14-year-old vehicle battle

By Juta and Company (Pty) Ltd Published on Friday, 31 August 2018
Tags: #Litigation #Motor Vehicles
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.

RAF needs R2bn to meet obligations

By Juta and Company (Pty) Ltd Published on Monday, 23 July 2018
Tags: #Litigation #Motor Vehicles
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.

ConCourt dismisses R33m claim on eNaTIS

By Juta and Company (Pty) Ltd Published on Wednesday, 18 July 2018
Tags: #Constitutional Law #Litigation #Motor Vehicles
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.

Alleged hit-and-run driver faces prison term

By Juta and Company (Pty) Ltd Published on Thursday, 12 July 2018
Tags: #Criminal Law #Motor Vehicles
The state is recommending a jail term for a woman who crashed into an off-duty metro police officer and then drove 1.5km with him stuck on the roof of her car. News24 says Nolwazi Nzimande, daughter of Professor Victor Nzimande, a KZN businessman and academic, was described as a 'selfish person' in the Durban Regional Court.

RAF blowing taxpayer funds on renting chairs

By Juta and Company (Pty) Ltd Published on Monday, 02 July 2018
Tags: #Litigation #Motor Vehicles #Personal Injury Law
The technically bankrupt Road Accident Fund, which is propped up by a fuel levy on taxpayers, is renting office chairs at R1 666 per chair per month, notes a Sunday Times report. It says the contract for the rental of 300 chairs at almost R500 000 a month follows a bid to push through an even more audacious five-year, R60m furniture rental contract with the same company. That plan, however, did not go ahead.

RAF claims: Time for a more purposive approach to Prescription

By Ashersons Attorneys | Ryan Lin | Published on Tuesday, 26 June 2018
Tags: #General Legal Practice #Motor Vehicles #Personal Injury Law
The Road Accident Fund Act has been described as ‘social legislation’. Crucially, the Act’s fundamental objective is to provide protection to a wronged party who has suffered loss through the negligence or unlawful act on the part of a driver or owner of a vehicle. Prescription is a rule of law that is designed to bring finality to disputes. Consequently, prescription shuts the door on the claimant effectively disabling them to issue a claim once the time period has lapsed.

Drunk driver faces four murder charges

By Juta and Company (Pty) Ltd Published on Thursday, 14 June 2018
Tags: #Criminal Law #Litigation #Motor Vehicles
The courts are taking a tough stance on drivers involved in fatal car crashes, says a report in The Star. An allegedly drunk motorist is set to go on trial for four counts of murder following the deaths of four children after the car he was driving plunged into them. Lazarus Malatjie also faces charges of reckless and negligent driving and drunk driving.

Lawyers fight for right to sue for car accidents

By Juta and Company (Pty) Ltd Published on Tuesday, 29 May 2018
Tags: #Litigation #Motor Vehicles #Personal Injury Law
The proposed withdrawal of the right to sue for damages against those responsible for a car accidents – irrespective of negligence or other wrongful conduct – has drawn opposition from the legal fraternity, notes Business Day. The contentious proposal is in the Road Accident Fund Benefits Scheme Bill.

Western Cape rejects licence demerit system

By Juta and Company (Pty) Ltd Published on Thursday, 10 May 2018
Tags: #Motor Vehicles
The proposed traffic law that seeks to take away traffic offenders’ driving licences through a demerit system has been rejected by the Western Cape. A Cape Argus report notes the Administrative Adjudication of Road Traffic Offences Amendment Bill would potentially leave motorists digging deeper in their pockets as losing their licences to a demerit system would render their vehicles useless.

State liable for damages following roadblock ‘ambush’

By Juta and Company (Pty) Ltd Published on Thursday, 26 April 2018
Tags: #Litigation #Motor Vehicles #Personal Injury Law
The owner of Alicedale Estate in Musina, Limpopo, is claiming R4.5m in damages from the Minister of Defence after he drove over a spiked metal trap strip laid across a road in April 2015.

Hard evidence not needed to reject accident claims

By Juta and Company (Pty) Ltd Published on Wednesday, 25 April 2018
Tags: #Insurance Law #Motor Vehicles
Motor vehicle insurance companies can reject car accident claims on the grounds of drunk driving, even if there is no toxicology report to prove it. TimesLIVE reports that insurers can rely on circumstantial evidence, such as witnesses saying the driver smelt of alcohol or acted drunk at the accident scene to substantiate rejecting a claim.

Insured owner liable, not driver

By Juta and Company (Pty) Ltd Published on Wednesday, 04 April 2018
Tags: #Litigation #Motor Vehicles #Personal Injury Law
A driver involved in a single motor vehicle accident and who is not an employee of the owner of the insured vehicle is entitled to claim compensation from the Road Accident Fund. A TimesLIVE report notes that the SCA made this determination when it dismissed an appeal by the fund.

Irate granny sues judge for failed RAF claim

By Juta and Company (Pty) Ltd Published on Friday, 02 February 2018
Tags: #Malpractice Law #Motor Vehicles #Personal Injury Law
A octogenarian North West granny did not stand back yesterday when it came to locking horns with a judge of the Gauteng High Court (Pretoria). According to a report on the IoL site, she wants the judge to personally pay her about R1.2m which she claimed she was entitled to as he allegedly failed to act on her Road Accident Fund (RAF) claim nearly 30 years ago, when he still had his own law firm.

Accident victims urged to ‘claim directly’ from RAF

By Juta and Company (Pty) Ltd Published on Tuesday, 05 December 2017
Tags: #Motor Vehicles #Personal Injury Law
The Road Accident Fund (RAF) has urged accident victims to claim directly from it, rather than turning to lawyers for assistance, says a report in The Mercury. The RAF’s Phumelela Dhlomo said the advantages of claiming directly far outweighed the disadvantages, as claims were processed a lot faster.

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