Current status of the matter between the LSSA & 3 others / RAF & Minister of Transport
20/07/2009

North Gauteng High Court Case nr 10654/09, 20 July 2009
The Road Accident Fund terminated the mandate of its attorneys, Brugmans Inc, and appointed Bell Dewar Attorneys to act further on its behalf in the application.

The Road Accident Fund will be delivering the further record requested from it in terms of Rule 30A(1) today. To date, the Minister of Transport has not furnished the further record, which was requested in terms of various Rule 30A(1) notices.

The applicants are now considering their position and may have to bring an application to compel the Minister of Transport to file the further record.

Once the outstanding records are received from the respondents, the applicants will have an opportunity to amend their notice of motion and produce supplementary affidavits (arising from the records). Only once the applicants have filed their amended notice of motion and supplementary affidavits will the respondents have to file answering affidavits. Thereafter, the applicants may reply.

Only once the applicants have filed replying affidavits to the respondents’ answering affidavits, will the applicants be in a position to apply for a date for the hearing of the review application.

It seems that in the De Rebus of June 2009 it was indicated that the date for the hearing of the application was set for 28 August 2009. This is incorrect, as no date has been allocated for the hearing of the application.

At this stage, no indication can be given of when the application will be heard by the North Gauteng High Court. It will probably only be heard early in 2010.
Nicolette Koch
Partner
nicolette-k@adamsadams.co.za