LSSA’S Constitutional challenge to the RAF Amendment Act was dismissed
7/04/2010
The Honourable Fabricius AJ handed down judgement in the North Gauteng High court, Pretoria, on 31 March 2010.The noting of the judgement lasted only a few minutes with the judge in summary saying that the application was dismissed save for prayer 18 regulation 6(1) which must be read as meaning in addition to what is required by section 24(1)(b) and no order as to costs was given. The order pertaining to costs in effect means that each party has to bear their own costs in the application.
The judgement is 204 pages and can be found by clicking on the link below.
The Applicants’ have not given any indication on whether or not an appeal will be brought.
In effect this order upholds the RAF Amendment Act, with its extreme limitations, and leaves road users with no right of recourse against the wrongdoer in terms of the common law.
LSSA RAF Judgement
Click here: LSSA_RAF_judgment.pdf
Nicolette Koch
Partner
nicolette-k@adamsadams.co.za
Carmel Buckham
Candidate Attorney
carmel-b@adamsadams.co.za
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The firm practises directly in several Southern African countries and through long-established associates in others.
