Current status of the review application in the matter between the LSSA and 3 others / RAF and Minister of Transport. (North Gauteng High Court Case nr 10654/09)
24 August 2009

On 21 August 2009 the Applicants served an amended Notice of Motion and supplementary affidavit on the Respondents, arising from the various records filed by the Respondents. The Notice of Motion was amended to include further grounds for declaring certain sections of the Road Accident Fund Act invalid.

In terms of the Notice of Motion the Respondents will now have 30 (thirty) days (which will expire on 5 October 2009) to deliver any affidavits which they may desire in answer to the allegations made by the Applicants. The Applicants will then have until 19 October 2009 to reply thereto. 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.
It seems that in the De Rebus of June 2009 it was indicated that the date for the hearing of the application has been 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, but it seems that the application will in all probably only be heard late in 2009 or early in 2010.
Click here for a copy of the Applicants amended Notice of Motion and supplementary affidavit with annexures. Amended_Notice_of_Motion.12_pages.pdf AffdavitPages1to27Daja.pdf AffidavitPages28to53Daja.pdf AffidavitPages54Daja.pdf AffidavitPages55to83Daja.pdf AffidavitPages84to106Daja.pdf AffidavitPages107to121Daja.pdf RD24._11_pages.pdf RD25pages1to10.pdf RD26._7_pages.pdf RD27pages1to6.pdf RD28.pages1to16.pdf RD28.pages17to20.pdf RD29._8_pages.pdf RD30._5_pages.pdf RD31._12_pages.pdf RD32.pages1to12.pdf RD32pages13to23.pdf RD32pages24to31.pdf RD33.pages1to33.pdf RD33page27.pdf RD33page97.pdf RD33pages34to42.pdf RD33pages43to70.pdf RD33pages71to96.pdf RD34._19_pages.pdf RD35._4_pages.pdf RD36._2_pages.pdf RD37_Baalbergen14_to_17.pdf RD37_Baalbergen_page5.pdf RD37.pages1to27.pdf RD37.pages28to29.cv.baalbergen1to13.pdf
Nicolette Koch
Partner
Nicolette-k@adamsadams.co.za
ADAMS & ADAMS

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Featured Case Law What is the effect of an incomplete deed of suretyship?
In terms of our law and in particular the General Law Amendment Act No. 50 of 1956 (“the Act”) no contract of suretyship shall be valid unless the terms thereof are embodied in a written document signed by or on behalf of the sureties.

There are 5 essential terms which need to be contained in a contract of suretyship, namely the identity of the creditor, the debtor, the surety and the nature and amount of the principal debt. Failure to complete the essential terms of the suretyship agreement would mean that the contract would be invalid for failure to comply with the statutory formalities.

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