Motor law

RAF liability: Reconsidering supplier claims

Payment of suppliers (such as hospitals and medical practitioners) as separate claims (separate from third party’s s 17(1) personal claim) in terms of s 17(5) of the Road Accident Fund […]

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Res ipsa loquitur as a legal maxim in motor vehicle accidents

Litigation emanating from motor vehicle accidents are common in South African courts. Be it claims for damages, claims based on personal injuries, or matters appearing in our criminal courts. This […]

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Road Accident Fund regulations reviewed and set aside

On 27 November 2023, in the matter of Skhosana v Road Accident Fund (GJ) (unreported case no 58501/2021, 27-11-2023) (Hitchings AJ), the Road Accident Fund (RAF) who had failed to […]

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Will the right to repair guidelines affect the second-hand car market?

The right to repair guidelines came into effect on 1 July 2021 and the legal basis for these guidelines is s 79(1) of the Competition Act 89 of 1998, as […]

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Is the Road Accident Fund an inheritas damnosa?

The Report of the Road Accident Fund Commission, 2002 commented on the Road Accident Fund (RAF) as follows: ‘39.1.1.7 … The RAF continues to experience difficulty with its restructuring as […]

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When is the obvious not so obvious? A discussion on regs 2(1)(b) and 2(2) of the Road Accident Fund Regulations

In Legal Practitioners Indemnity Insurance Fund NPC v The Minister of Transport and The Road Accident Fund (GP) (unreported case no 26286/2020, 21-6-2021) (Janse van Nieuwenhuizen J) the Gauteng Division […]

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Navigating the legal regulatory issues with self-driving cars in South Africa

‘What is now proved was once only imagined’ (William Blake The Marriage of Heaven and Hell (United Kingdom: Oxford University Press 1975) at 18). This sentiment can be interpreted as […]

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Court dismisses appeal due to no prospect of success

FourieFismer Inc and Others v Road Accident Fund and Others (Maponya Inc intervening); Mabunda Inc and Others v Road Accident Fund; Diale Mogashoa Inc v Road Accident Fund (GP) (unreported […]

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Making sense of the demerit points system as a juristic person

It is common for a juristic person (a body recognised by the law as being entitled to rights and duties in the same way as a natural person) to own […]

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Gated estates can enforce speed limits within the gated community

Mount Edgecombe Country Club Estate Management Association II (RF) NPC v Singh and Others (SCA) (unreported case no 323/2018, 28-3-2019) (Ponnan JA (Salduker, Swain and Schippers JJA and Rogers AJA […]

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