No licence, no insurance

2003-03-26 16:48

Bloemfontein - If an unlicensed driver was behind the wheel of a vehicle when it was hijacked, the owner was not entitled to insurance compensation, the Supreme Court of Appeal ruled in Bloemfontein this week.

Appeal Judge Kenneth Mthiyane found on Monday in favour of insurance company Mutual and Federal, which was earlier ordered by the Johannesburg High Court to compensate Manuelle Gouveia after her bakkie was hijacked.

The High Court ordered the pay-out even though the driver of Gouveia's bakkie, Eduardo Cumbe, did not have a valid driver's licence at the time of the hijacking in Houghton, Johannesburg in 2000.

Cumbe was using the vehicle with Gouveia's permission, with her full knowledge that he was unlicensed.

The high court ruled that a clause in the insurance contract exempting the company from liability should the driver be unlicensed, did not apply. It reasoned Cumbe's lack of a licence did not cause the hijacking.

Mutual and Federal appealed against this decision, contending the high court had misinterpreted the wording of the clause.

Acting Minister of Transport Jeff Radebe welcomed the ruling. His spokesman, Ndivhuwo Mabaya, said it emphasised and supported the department's road safety programmes and sent a clear message to drivers, who do not have a valid licence.

- SAPA