The Department of Transport wishes to correct inaccurate media reports on the recent Constitutional Court ruling in the matter of the Road Accident Fund (RAF) and the Minister of Transport versus Vusumuzi Mdeyide.
Certain media continue to incorrectly report that the Constitutional Court declared on 30 September 2010 that section 23(1) of the RAF Act, which limits the time period in which a claim can be lodged to three years, to be unconstitutional. This is incorrect and appears to refer to the minority judgment (three judges) as the authoritative judgment. The majority judgment is however the effective judgment of the court and the overwhelming majority of the judges (eight judges) ruled in favour of the RAF and the Minister of Transport.
The court upheld the three year prescription period in the RAF Act. The prescription periods contained in the Road Accident Fund Act therefore apply to all RAF claims.
In addition, it was found that the three year limit contained in the RAF Act, during which the claim in question had to be lodged, was reasonable, justifiable and afforded the claimant an adequate and fair opportunity to seek redress in the courts and was therefore constitutional.
The Department of Transport welcomes the judgment of the Constitutional Court in this matter.
Enquiries:
Logan Maistry
Cell: 083 6444 050
