Legal Articles and Guides
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.
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.
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.
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.
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.
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.
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.