ConCourt confirms RAF Act finding

2011-02-17 16:36
Bloemfontein - The Constitutional Court on Thursday confirmed an order of constitutional invalidity from the Western Cape High Court, which will affect unfinished road accident claims from before August 2008.

The High Court declared invalid parts of section 18 of the Road Accident Fund Act, as it read before it was amended on August 1 2008.

Three women Anele Mvumvu, Louise Pedro and Bianca Smith, who were victims of separate motor vehicle accidents before August 2008, lodged claims for compensation with the Road Accident Fund (RAF).

When told that their compensation would be capped at R25 000 in terms of section 18 of the Act, they challenged its constitutionality, claiming it infringed their right to equality.

While the matter was pending before the High Court, Parliament amended section 18 and removed the cap.

Constitutional requirements

The amendment came into force on August 1 2008, but did not apply to claims before that date.

Upholding the women's application, the High Court in Cape Town declared invalid section 18 in its original form.

The declaration was submitted to the Constitutional Court for confirmation, as required by the Constitution.

The Constitutional Court also held that section 18, in its original form, was inconsistent with the Constitution.

However, the court suspended the invalidity order for 18 months to enable Parliament to decide the extent of compensation to which the women, and others in their position whose claims had not yet been finalised, should be entitled.
- SAPA

Read more on:    constitutional court  |  raf  |  accidents
NEXT ON NEWS24X

SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
0 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 
Traffic
Lottery
 
  • Tuesday Kuils River - 09:53 AM
    Road name: Polkadraai Road Eastbound
    ROADWORKS between the R102 Van Riebeeck Road and the R310 Baden Powell Drive exit - DELAYS
  • Tuesday Goodwood - 09:10 AM
    Road name: N7 Vanguard Drive Southbound
    DELAYS towards Voortrekker Road
 
More traffic reports...
 

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

2 TV Series for R250

Get 2 TV Series box sets for R250 and save up to R148! Offer valid while stocks last. Shop now!

Mind blowing deals on beauty & fragrances

Save up to 30% off beauty and fragrances. Offer valid while stocks last. Shop now!

Up to 50% off hair care products!

Save up to 50% on professional hair care products at kalahari.com. Offer valid while stocks last. Shop now!

30% off academic books

Score a mind blowing 30% off academic books! Offer valid while stocks last. Shop now!

Mind blowing deals on electronics!

Save up to 35% on electronics. Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Nokia E6

Nokia E6 has 8-megapixel digital camera with autofocus and built...

From R2599.69

I'm shopping for:

Horoscopes
Aquarius
Aquarius

Something may come up to alert you of your security needs. It may be that you need to create a better structure for your finances...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.