7 intervening parties join application between LSSA/RAF & Minister of Transport
30/09/2009

On 30 September the Honourable Makgoga J granted permission to seven individuals to intervene and be joined as co-applicants in the application which was launched by the Law Society of South Africa and three others against the Road Accident Fund (RAF) and the Minister of Transport. They are applying for certain sections of the Road Accident Fund Amendment Act and its regulations to be declared unconstitutional and invalid.

The victims were all injured in road accidents after the Amendment Act and regulations came into effect on 1 August 2008. They stated in their founding affidavits that the amendments to the RAF legislation substantially reduced or totally denied them certain rights to compensation that they would have had, had they been injured before 1 August 2008.

The RAF served notices to abide by the decision of the court in all seven of the applications, but still sent counsel to address the court on the test to be applied in considering the applications of the intervening parties.

The court granted in favour of the seven intervening applicants. Makgoga J correctly noted that it was important for these seven applicants to intervene in the main application, as they will give a factual perspective to the court ultimately hearing the main application, on how the provisions of the Road Accident Fund Amendment Act and its regulations influence road accident victims in their daily lives.

In respect of the main application, the Minister of Transport and the RAF must deliver their answering affidavits by Monday 5 October 2009. The applicants will then have until 19 October 2009 to reply. Once all the affidavits have been filed, the applicants will be in a position to apply for a date for the hearing of the review application.

At this stage no indication can be given of when the main application will be heard by the North Gauteng High Court, but it seems that the application will probably only be heard late in 2009 or early in 2010.

Nicolette Koch
Partner
Adams & Adams
nicolette-k@adamsadams.co.za