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.

Join the conversation! encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
Read more on:    constitutional court  |  raf  |  accidents 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
Comments have been closed for this article.

Inside News24


Rugby World Cup 2015

All the action from the 2015 RWC, including live coverage of all 48 matches, breaking news, fixtures, results, logs - and much more!


Rugby World Cup 2015

Habana to extend Test career?
Moody backs under-fire Lancaster
Folau a doubt for Wales clash
England merchandise 'reduced to clear'
Traffic Alerts

Are you burning the candle at both ends? Listen to your body and your emotional reactions. Know when to slow down or stop. It is more

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


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 network.


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.