LSSA / RAF – Application for leave to appeal set down for August
 The North Gauteng High Court on March 31, 2010, dismissed the Law Society of South Africa and other Applicants’ constitutional challenge to the new compensation scheme that was introduced by the Road Accident Fund Amendment Act 19 of 2005. The LSSA and other Applicants launched an application for leave to appeal directly to the Constitutional Court, against the judgment handed down by Fabricius AJ. It will be heard in August. The following provisions of the RAF Act will be challenged: 1. Section 21, which abolishes the victim’s common law right to claim compensation from the wrongdoer for losses that are not compensable under the statutory scheme. 2. Section 17(4)(c) which limits claims for loss of income and support to R160 000,00, adjusted on a quarterly basis. 3. Claims for general damages are only payable for “serious” injuries. 4. The use of the Uniform Patient Fee Schedule (UPFS) for payment of medical expenses is not appropriate. The application has now been set down before the Constitutional Court for August 12, 2010. If the Constitutional Court dismisses the application, an application for leave to appeal to the Supreme Court of Appeal, which has already been filed at the North Gauteng High Court, will then be pursued. |
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| 9/03/2012 | ||
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