In 2010, Koos Jacobs was involved in a car accident in the Eastern Cape. He suffered head injuries that left him mentally incapacitated. As a result, he only brought a claim for compensation to the Road Accident Fund in 2017, outside of the RAF’s three-year prescription. His mother lodged the claim on his behalf. The RAF rejected the claim because it was late.
But the RAF Act contains more onerous requirements to prevent prescription than the Prescription Act. According to the Prescription Act, it is not necessary for someone to be detained as a mental health patient before prescription will not operate. The Prescription Act says it is only necessary that they cannot bring legal proceedings because of mental incapacity or an intellectual disability.
On appeal, the SCA agreed with the high court and said the more lenient requirements to prevent prescription under the Prescription Act did not apply to the RAF Act. The RAF argued that the high court and SCA were correct, and the requirements to prevent prescription under the Prescription Act do not apply to the RAF Act.Acting Justice Dhaya Pillay said the RAF Act should be interpreted in a way that will best give effect to the spirit, purport and objects of the Bill of Rights.
I have benefited from at least R80,000 a week with Hendricksnino through his recommended platform with my small investment. Don't spend all your money without investing. Hendricksnino is a life saver, join me and win also in with good hands
South Africa Latest News, South Africa Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.