Current status of the application between the LSSA & 3 others / RAF & Minister of Transport
24/06/2009
North Gauteng High Court Case nr 10654/09 22 June 2009
In terms of the review application, the Road Accident Fund and the Minister of Transport had to produce records and thereafter in terms of Rule 53(4) the applicants would have an opportunity to amend their notice of motion and produce supplementary affidavits (arising from the records). Only once the applicants had filed their amended notice of motion and supplementary affidavits would the respondents have to file their answering affidavits, whereafter the applicants could reply.
Both respondents duly produced voluminous records (in addition to the bulky record the Department of Transport sent to the LSSA on 25 July 2008 just as the regulations were promulgated and the Amendment Act came into force). All records were perused and analysed by the applicants’ legal team and, following on this, notices were served in terms of Rule 30A demanding further documents which had been omitted from the records already produced.
The respondents asked for an extension of time to file the further documents requested in the Rule 30A notices. The Minister of Transport served a further set of documents, comprising 1 228 pages, on the applicants’ legal team on 18 June 2009. No further documents have been received from the Road Accident Fund, and it may be necessary for the applicants to bring an application to compel the Road Accident Fund to deliver the further documents.
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. At this stage no indication can be given of when the application will be heard by the North Gauteng High Court.
Nicolette Koch
Partner
Nicolette-k@adamsadams.co.za
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The firm practises directly in several Southern African countries and through long-established associates in others.
