PRESIDENT'S OFFICE
No. 1756.
1 November 1996
NO. 56 OF 1996: ROAD ACCIDENT FUND ACT, 1996.
It is hereby notified that the President has assented to the following Act
which is hereby published for general information:-
GENERAL EXPLANATORY NOTE:
Words in bold type indicate omissions from existing enactments.
Words in italics indicate insertions in existing enactments.
ACT
To provide for the establishment of the Road Accident Fund; and to provide
for matters connected therewith.
(English text signed by the President.)
(Assented to 24 October 1996.)
BE IT ENACTED by the Parliament of the Republic of South Africa, as
follows:-
Definitions
1. In this Act, unless the context otherwise indicates-
(i) "agent" means an agent of the Fund appointed under section 8; (i)
(ii) "Board" means the Board of the Fund referred to in section 10; (xii)
(iii) "Chief Executive Officer" means the Chief Executive Officer of the
Fund referred to in section 12; (viii)
(iv) "convey", in relation to the conveyance of a person in or on a motor
vehicle, includes-
(a) entering or mounting the motor vehicle concerned for the purpose
of being so conveyed; and
(b) alighting from the motor vehicle concerned after having been so
conveyed;(xv)
(v) "driver" means the driver referred to in section 17(1); (ii)
(vi) "fuel" means petrol and diesel; (iii)
(vii) "Fund" means the Road Accident Fund established by section 2 (1);
(vi)
(viii) "lift club" means any club of which-
(a) every member shall have a turn to convey or cause to be conveyed
by means of a motor car the members of such a club or other
persons designated by such members to or from or to
and from specified places for a specified purpose; or
(b) every member is the owner of a motor car and of which one or some
of its members shall by means of a motor car of which he or she
is the owner or they are the owners, as the case may be, convey
or cause to be conveyed the members of such lift club or other
persons designated by such members to or from a specific place
for a specific purpose; (xiii)
(ix) "Minister" means the Minister of Transport; (ix)
(x) "motor car" means a motor vehicle designed or adapted for the
conveyance of not more than 10 persons, including the driver; (x)
(xi) "motor vehicle" means any vehicle designed or adapted for propulsion
or haulage on a road by means of fuel, gas or electricity, including
a trailer, a caravan, an agricultural or any other implement designed
or adapted to be drawn by such motor vehicle; (xi)
(xii) "owner", in relation to-
(a) a motor vehicle which a motor dealer has in his or her possession
during the course of his or her business and which may in terms
of any law relating to the licensing of motor vehicles not be
driven or used on a public road except under the authority of a
motor dealer's licence of which the motor dealer concerned is the
holder, means that motor dealer;
(b) a motor vehicle which has been received for delivery by a motor
transport licence holder in the course of his or her business of
delivering new motor vehicles and which has not yet been
delivered by him or her, means that motor transport licence
holder;
(c) a motor vehicle which is the subject of an instalment sale
transaction, means the purchaser in the instalment sale
transaction concerned;
(d) a motor vehicle under an agreement of lease for a period of at
least 12 months, means the lessee concerned; (v)
(xiii) "prescribe" means prescribe by regulation under section 26; (xvi)
(xiv) "reward", in relation to the conveyance of any person in or on a
motor vehicle, does not include any reward rendering such conveyance
illegal in terms of any law relating to the control of road
transportation services; (xiv)
(xv) "third party" means the third party referred to in section 17(1);
(iv)
(xvi) "this Act" includes any regulation made under section 26. (vii)
Establishment of Fund
2. (1) There is hereby established a juristic person to be known as the
Road Accident Fund.
(2) (a) Subject to section 28(1), the Multilateral Motor Vehicle Accidents
Fund established by the Agreement concluded between the Contracting Parties on
14 February 1989, shall cease to exist, and all money credited to that fund
immediately before the commencement of this Act shall vest in the Fund, all
assets, liabilities, fights and obligations, existing as well as accruing, of
the first-mentioned fund shall devolve upon the Fund, and any reference in any
law or document to the said Multilateral Motor Vehicle Accidents Fund shall,
unless clearly inappropriate, be construed as a reference to the Fund.
(b) No moneys, duties or fees of office shall be payable by the Fund in
respect of any noting or endorsement or any other written alteration which may
be necessary in any contract, licence, register or other document by virtue of
paragraph (a).
Object of Fund
3. The object of the Fund shall be the payment of compensation in
accordance with this Act for loss or damage wrongfully caused by the driving
of motor vehicles.
Powers and functions of Fund
4. (1) The powers and functions of the Fund shall include-
(a) the stipulation of the terms and conditions upon which claims for the
compensation contemplated in section 3, shall be administered;
(b) the investigation and settling, subject to this Act, of claims arising
from loss or damage caused by the driving of a motor vehicle whether or
not the identity of the owner or the driver thereof, or the identity of
both the owner and the driver thereof, has been established;
(c) the management and utilisation of the money of the Fund for purposes
connected with or resulting from the exercise of its powers or the
performance of its duties; and
(d) procuring reinsurance for any risk undertaken by the Fund under this
Act.
(2) In order to achieve its object, the Fund may-
(a) purchase or otherwise acquire goods, equipment, land, buildings,
shares, debentures, stock, securities and all other kinds of movable and
immovable property;
(b) sell, lease, mortgage, encumber, dispose of, exchange, cultivate,
develop, build upon, improve or in any other way deal with its property;
(c) invest any money not immediately required for the conduct of its
business and realise, alter or reinvest such investments or otherwise
deal with such money or investments;
(d) borrow money and secure the payment thereof in such manner as it may
deem fit;
(e) make donations for research in connection with any matter relating to
injuries sustained in motor vehicle accidents on such conditions as it
may deem advisable;
(f) draw, draft, accept, endorse, discount, sign and issue promissory
notes, bills and other negotiable or transferable instruments, excluding
share certificates;
(g) take any other action or steps which are incidental or conducive to the
exercise of its powers or the performance of its functions.
(3) In the exercising of the powers conferred on it by this Act, the Fund
may deal with any person, partnership, association, company, corporation or
other juristic person wherever seated.
Financing of Fund
5. (1) The Fund shall procure the funds it requires to perform its
functions-
(a) by way of a fuel levy in respect of all fuel sold within the Republic;
and
(b) by raising loans.
(2) There shall be paid into the Fund monthly the amount of money by virtue
of the provisions of section 1(2) (a)(ii) of the Central Energy Fund Act, 1977
(Act No. 38 of 1977), calculated for the latest month for which such amount
can be calculated, and such payments shall be accompanied by statements
reflecting the sale of fuel within the Republic.
Financial year of and budgeting for Fund
6. (1) The financial year of the Fund shall run from 1 May of any year to
30 April of the following year: Provided that the first financial year of the
Fund shall be deemed to have commenced on the 1st of May immediately preceding
the commencement of this Act.
(2) The Chief Executive Officer shall annually prepare a budget for the
Fund for consideration by the Board, and the Board shall submit the budget to
the Minister for approval.
Use of resources and facilities of Fund
7. The resources and facilities of the Fund shall be used exclusively to
achieve, exercise and perform the object, powers and functions of the Fund,
respectively.
Appointment of agents for Fund
8. (1) The Board may appoint agents, who shall have power-
(a) to investigate and to settle on behalf of the Fund the prescribed
claims, contemplated in section 17(l) , arising from the driving of a
motor vehicle in a case where the identity of either the owner or the
driver thereof has been established; or
(b) to commence, conduct, defend or abandon legal proceedings in connection
with such claims.
(2) The Fund shall guarantee or insure the obligations of agents arising
from the application of this Act.
(3) The Fund shall cause the names of agents and the claims in respect of
which they are liable to be published in the Gazette.
Co-operation with other institutions
9. (1) The Minister may, upon the recommendation of the Board, co-operate
and enter into agreements with any public or private institution in respect of
the reciprocal recognition of compulsory motor vehicle insurance or compulsory
motor vehicle accidents compensation.
(2) An agreement with any public or private institution contemplated in
subsection (1) shall be signed by the Minister on behalf of the Fund.
Board of Fund, and executive committee
10. (1) There shall be a Board of the Fund, constituted as follows:
(a) The Director-General: Transport; and
(b) at least 11, but not more than 12, members appointed by the Minister,
taking into account the recommendations referred to in subsection (9),
who may not be in the full-time employment of any government, and who
shall each command extensive experience in one or more of the fields of
insurance, finance, medical service provision, law, accounting and
actuarial science, or in matters relating to disabled persons, road
users, commuters' or consumers' interests.
(2) Subject to this section, a member of the Board shall-
(a) declare any interest relating to the functions, duties and obligations
of the Fund or its agents in terms of this Act, and such a member shall
not vote in respect of any decision of the Board in so far as he or she
has such an interest therein;
(b) at all times act in the best interest of the Fund;
(c) hold office for a period of three years as from the date of appointment
of such member.
(3) The Minister may remove a member of the Board referred to in subsection
(1)(b) from office if there is sufficient reason to do so.
(4) Each member of the Board shall, subject to subsection (2)(a), have one
vote on any matter before the Board.
(5) The Chief Executive Officer may attend the meetings of the Board, but
has no vote.
(6) The Board shall as soon as possible-
(a) appoint two of its members as Chairperson and Vice-Chairperson,
respectively;
(b) establish an executive committee of the Board, which shall consist of
three members of the Board, the Chairperson and Vice-Chairperson of the
Board and the Chief Executive Officer.
(7) The Chairperson, or in his or her absence, the Vice-Chairperson, shall
at all times preside at the meetings of the Board and the executive committee.
(8) The executive committee shall-
(a) exercise and perform the powers and functions of the Fund set out in
section 4, subject to the directions of the Board;
(b) exercise and perform such powers and functions of the Board as may be
delegated or assigned to it by the Board; and
(c) for the purposes of performing its functions, meet at least once a
month.
(9) Whenever it is necessary to appoint a member referred to in subsection
(1)(b) to the Board-
(a) the Minister shall-
(i) by notice in the Gazette and the national news media, call for the
nomination of persons who comply with the criteria mentioned in
subsection (1)(b);
(ii) so publish a list of nominees received in response to such call; and
(iii) establish a selection committee, constituted as follows:
(aa) The Director-General: Transport;
(bb) one member of the Portfolio Committee on Transport (National
Assembly), designated by that Committee;
(cc) one member of the select committee on transport (Senate),
designated by that Committee; and
(dd) two persons who have extensive experience in third party
compensation, appointed by the Minister; and
(b) the selection committee shall hold interviews in public with such of
the nominees who are available, and make recommendations to the
Minister.
Powers and functions of Board, and procedure
11. (1) The Board shall, subject to the powers of the Minister, exercise
overall authority and control over the financial position, operation and
management of the Fund, and may inter alia-
(a) make recommendations to the Minister in respect of-
(i) the annual budget of the Fund;
(ii) any amendment of this Act;
(iii) the entering into an agreement with any institution referred to in
section 9;
(iv) the appointment of the Chief Executive Officer;
(v) any regulation to be made under this Act;
(b) terminate the appointment of any agent and determine the conditions on
which such appointment is effected or terminated;
(c) approve the appointment, determination of conditions of employment and
dismissal by the Chief Executive Officer of staff of the Fund on
management level;
(d) approve internal rules and directions in respect of the management of
the Fund;
(e) approve loans made or given by the Fund;
(f) approve donations for research in connection with any matter regarding
injuries sustained in motor vehicle accidents;
(g) determine guidelines in relation to the investment of the money of the
Fund; and
(h) delegate or assign to the Chief Executive Officer and any member of the
staff of the Fund any power or duty of the Board as it may deem fit, but
shall not be divested of any power or duty so delegated or assigned, and
may amend or withdraw any decision made by virtue of such delegation or
assignment.
(2) The Board may as often as it deems necessary, but shall at least once
during a financial year, or when requested by the Minister to do so, report to
the Minister regarding matters dealt with during that year or as requested by
the Minister.
(3) A quorum for any meeting of the Board shall be a majority of its voting
members.
(4) The Board shall meet as often as the business of the Fund may require.
(5) (a) The member of the Board referred to in section 10(1)(a) shall be
reimbursed by the Fund for all reasonable expenses incurred in attending
meetings of the Board.
(b) Members of the Board referred to in section 10(1)(b) shall be
remunerated by the Fund for services rendered as such members and reimbursed
for all reasonable expenses incurred in attending meetings of the Board:
Provided that the Chairperson of the Board may receive such higher
remuneration than that of the other members, as may be determined by the Board.
(6) (a) Resolutions of the Board shall, whenever practicable, be taken on
the basis of consensus.
(b) If consensus cannot be reached and except where otherwise expressly
provided, all matters before the Board shall be decided by a majority of the
votes cast.
Chief Executive Officer and staff
12. (1) (a) The Minister shall upon the recommendation of the Board appoint
the Chief Executive Officer of the Fund on such terms and conditions of
employment as he or she may determine: Provided that the Chief Executive
Officer of the Multilateral Motor Vehicle Accidents Fund holding that office
immediately prior to the commencement of this Act, shall be deemed to have
been appointed as such in respect of the Fund in terms of this subsection.
(b) The Chief Executive Officer shall-
(i) be a person who commands a knowledge of the management of motor
vehicle accidents insurance or motor vehicle accidents compensation
matters; and
(ii) hold office at the Minister's pleasure.
(2) Subject to the directions of the Board, the Chief Executive Officer
shall conduct the current business of the Fund, and he or she may-
(a) exercise the powers and shall perform the functions of the Fund
mentioned in section 4(1)(b), (c) and (d), (2) and (3);
(b) appoint, determine the conditions of employment of and dismiss the
staff of the Fund, excluding members of staff on management level;
(c) draft internal rules and directions in respect of the management of the
Fund and make recommendations in respect thereof to the Board;
(d) enter into an agreement with any person for the rendering of a
particular service related to the management of the Fund or its
functions;
(e) issue guidelines to agents regarding the manner in which claims should
be administered by them on behalf of the Fund; and
(f) exercise such powers and shall perform such duties as may be delegated
and assigned to him or her by the Board under section 11(1)(h).
Annual report
13. (1) The Board shall publish an annual report containing-
(a) the audited balance sheet of the Fund together with a report by the
auditor, contemplated in section 14, in respect of such audit; and
(b) a report on the activities of the Fund during the year to which the
audit relates.
(2) The Minister shall lay upon the Table in Parliament a copy of the
annual report within 30 days after receipt thereof if Parliament is then in
session, or, if Parliament is not then in session, within 30 days after the
commencement of its next ensuing session.
Financial control
14. (1) The Fund shall keep proper records of all its financial
transactions and its assets and liabilities.
(2) (a) The accounts of the Fund shall be audited annually by the
Auditor-General appointed in terms of section 2 of the Auditor-General Act,
1989 (Act No. 52 of 1989), in accordance with the said Act and with such other
laws as may be referred to in that Act.
(b) The Auditor-General shall submit to the Board copies of any report
referred to in section 6 of the Auditor-General Act, 1989.
(3) The Financial Services Board established by section 2 of the Financial
Services Board Act, 1990 (Act No. 97 of 1990), shall-
(a) exercise financial supervision over the Fund in accordance with the
Financial Supervision of the Road Accident Fund Act, 1993 (Act No. 8 of
1993), and with such other laws as may be referred to in that Act;
(b) submit copies of any reports on the business of the Fund compiled by
that Board in terms of the provisions of the Financial Supervision of
the Road Accident Fund Act, 1993, to the Board of the Fund; and
(c) consult with the Minister prior to the making of regulations under
section 5 of the Financial Supervision of the Road Accident Fund Act,
1993.
Legal status of and proceedings by Fund, and limitation of certain liability
15. (1) The Fund may-
(a) institute or defend legal proceedings; and
(b) commence, conduct, defend or abandon legal proceedings in connection
with claims investigated and settled by it.
(2) An action to enforce a claim against the Fund or an agent may be
brought in any competent court within whose area of jurisdiction the
occurrence which caused the injury or death took place.
(3) No member of the Board or officer or employee of the Fund, or other
person performing work for the Fund, shall be liable for anything done in good
faith in the exercise of his or her powers or the performance of his or her
functions or duties under or in terms of this Act.
Exemption from taxation
16. (1) (a) The Fund, its assets, property, income and its operation and
transactions shall be exempt from all taxation, or the Fund shall be refunded
all taxation paid by it, as the case may be.
(b) The Fund shall be exempt from-
(i) all customs, excise and stamp duties; and
(ii) liability for payment, withholding or collecting of any tax or duty.
(2) Goods which have been acquired or imported free from customs or excise
duty by the Fund shall not be sold, hired out or otherwise disposed of unless
authority has been obtained in advance and any necessary duties and taxes paid.
(3) Notwithstanding subsection (1), the Fund shall not claim exemption from
taxes which are no more than charges for public utility services.
Liability of Fund and agents
17. (1) The Fund or an agent shall-
(a) subject to this Act, in the case of a claim for compensation under this
section arising from the driving of a motor vehicle where the identity
of the owner or the driver thereof has been established;
(b) subject to any regulation made under section 26, in the case of a claim
for compensation under this section arising from the driving of a motor
vehicle where the identity of neither the owner nor the driver thereof
has been established, be obliged to compensate any person (the third
party) for any loss or damage which the third party has suffered as a
result of any bodily injury to himself or herself or the death of or any
bodily injury to any other person, caused by or arising from the driving
of a motor vehicle by any person at any place within the Republic, if
the injury or death is due to the negligence or other wrongful act of
the driver or of the owner of the motor vehicle or of his or her
employee in the performance of the employee's duties as employee.
(2) Upon acceptance of the amount offered as compensation in terms of
subsection (1) the third party shall be entitled to the agreed party and party
costs or taxed party and party costs in respect of the claim concerned.
(3) (a) No interest calculated on the amount of any compensation which a
court awards to any third party by virtue of the provisions of subsection (1)
shall be payable unless 14 days have elapsed from the date of the court's
relevant order.
(b) In issuing any order as to costs on making such award, the court may
take into consideration any written offer, including a written offer without
prejudice in the course of settlement negotiations, in settlement of the claim
concerned, made by the Fund or an agent before the relevant summons was served.
(4) Where a claim for compensation under subsection (I)-
(a) includes a claim for the costs of the future accommodation of any
person in a hospital or nursing home or treatment of or rendering of a
service or supplying of goods to him or her, the Fund or an agent shall
be entitled, after furnishing the third party concerned with an
undertaking to that effect or a competent court has directed the Fund or
the agent to furnish such undertaking, to compensate the third party in
respect of the said costs after the costs have been incurred and on
proof thereof;
(b) includes a claim for future loss of income or support, the Fund or an
agent shall be entitled, after furnishing the third party in question
with an undertaking to that effect or a competent court has directed the
Fund or the agent to furnish such undertaking, to pay the amount payable
by it or the agent in respect of the said loss, by instalments in arrear
as agreed upon.
(5) Where a third party is entitled to compensation in terms of this
section and has incurred costs in respect of accommodation of himself or
herself of any other person in a hospital or nursing home or the treatment of
or any service rendered or goods supplied to himself or herself or any other
person, the person who provided the accommodation or treatment or rendered the
service or supplied the goods (the supplier) may claim the amount direct from
the Fund or an agent on a prescribed form, and such claim shall be subject,
mutatis mutandis, to the provisions applicable to the claim of the third party
concerned, and may not exceed the amount which the third party could, but for
this subsection, have recovered.
(6) The Fund, or an agent with the approval of the Fund, may make an
interim payment to the third party out of the amount to be awarded in terms of
subsection (1) to the third party in respect of medical costs, loss of income
and loss of support: Provided that the Fund or such agent shall,
notwithstanding anything to the contrary in any law contained, only be liable
to make an interim payment in so far as such costs have already been incurred
and any such losses have already been suffered.
Liability limited in certain cases
18. (1) The liability of the Fund or an agent to compensate a third party
for any loss or damage contemplated in section 17 which is the result of any
bodily injury to or the death of any person who, at the time of the occurrence
which caused that injury or death, was being conveyed in or on the motor
vehicle concerned, shall, in connection with any one occurrence, be limited,
excluding the cost of recovering the said compensation, and except where the
person concerned was conveyed in or on a motor vehicle other than a motor
vehicle owned by the South African National Defence Force during a period in
which he or she rendered military service or underwent military training in
terms of the Defence Act, 1957 (Act No. 44 of 1957), or another Act of
Parliament governing the said Force, but subject to subsection (2)-
(a) to the sum of R25000 in respect of any bodily injury or death of any
one such person who at the time of the occurrence which caused that
injury or death was being conveyed in or on the motor vehicle concerned-
(i) for reward; or
(ii) in the course of the lawful business of the owner of that motor
vehicle; or
(iii) in the case of an employee of the driver or owner of that
motor vehicle, in respect of whom subsection (2) does not apply, in
the course of his or her employment; or
(iv) for the purposes of a lift club where that motor vehicle is a motor
car; or
(b) in the case of a person who was being conveyed in or on the motor
vehicle concerned under circumstances other than those referred to in
paragraph (a), to the sum of R25000 in respect of loss of income or of
support and the costs of accommodation in a hospital or nursing home,
treatment, the rendering of a service and the supplying of goods
resulting from bodily injury to or the death of any one such person,
excluding the payment of compensation in respect of any other loss or
damage.
(2) Without derogating from any liability of the Fund or an agent to pay
costs awarded against it or such agent in any legal proceedings, where the
loss or damage contemplated in section 17 is suffered as a result of bodily
injury to or death of any person who, at the time of the occurrence which
caused that injury or death, was being conveyed in or on the motor vehicle
concerned and who was an employee of the driver or owner of that motor vehicle
and the third party is entitled to compensation under the Compensation for
Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993), in respect
of such injury or death-
(a) the liability of the Fund or such agent, in respect of the bodily
injury to or death of any one such employee, shall be limited in total
to the amount representing the difference between the amount which that
third party could, but for this paragraph, have claimed from the Fund or
such agent, or the amount of R25000 (whichever is the lesser) and any
lesser amount to which that third party is entitled by way of
compensation under the said Act; and
(b) the Fund or such agent shall not be liable under the said Act for the
amount of the compensation to which any such third party is entitled
thereunder.
(3) Without derogating from any liability of the Fund or an agent to pay
costs awarded against it or such agent in any legal proceedings, where the
loss or damage contemplated in section 17 is suffered as a result of bodily
injury to or death of a member of the South African National Defence Force,
other than a person referred to in subsection (2), and the third party is
entitled to compensation under the Defence Act, 1957, or another Act of
Parliament governing the said Force in respect of such injury or death-
(a) the liability of the Fund or such agent, in respect of the bodily
injury to or death of any such member of the said Force, shall be
limited in total to the amount representing the difference between the
amount which that third party could, but for this paragraph, have
claimed from the Fund or such agent and any lesser amount to which that
third party is entitled by way of compensation under the said Defence
Act or the said other Act; and
(b) the Fund or such agent shall not be liable under the said Defence Act
or the said other Act for the amount of the compensation to which any
such third party is entitled thereunder.
(4) The liability of the Fund or an agent to compensate a third party for
any loss or damage contemplated in section 17 which is the result of the death
of any person shall in respect of funeral expenses be limited to the necessary
actual costs to cremate the deceased or to inter him or her in a grave.
Liability excluded in certain cases
19. The Fund or an agent shall not be obliged to compensate any person in
terms of section 17 for any loss or damage-
(a) for which neither the driver nor the owner of the motor vehicle
concerned would have been liable but for section 21; or
(b) suffered as a result of bodily injury to or death of any person who, at
the time of the occurrence which caused that injury or death-
(i) was being conveyed for reward on a motor vehicle which is a motor
cycle; or
(ii) is a person referred to in section 18(1)(b) and a member of the
household, or responsible in law for the maintenance, of the driver
of the motor vehicle concerned, and was being conveyed in or on the
motor vehicle concerned; or
(c) if the claim concerned has not been instituted and prosecuted by the
third party, or on behalf of the third party by-
(i) any person entitled to practise as an attorney within the
Republic; or
(ii) any person who is in the service, or who is a representative of the
state or government or a provincial, territorial or local authority;
or
(d) where the third party has entered into an agreement with any person
other than the one referred to in paragraph (c)(i) or (ii) in accordance
with which the third party has undertaken to pay such person after
settlement of the claim-
(i) a portion of the compensation in respect of the claim; or
(ii) any amount in respect of an investigation or of a service rendered
in respect of the handling of the claim otherwise than on
instruction from the person contemplated in paragraph (c)(i) or
(ii); or
(e) suffered as a result of bodily injury to any person who-
(i) unreasonably refuses or fails to subject himself or herself, at
the request and cost of the Fund or such agent, to any medical
examination or examinations by medical practitioners designated by
the Fund or agent;
(ii) refuses or fails to furnish the Fund or such agent, at its or
the agent's request and cost, with copies of all medical reports in
his or her possession that relate to the relevant claim for
compensation; or
(iii) refuses or fails to allow the Fund or such agent at its or the
agent's request to inspect all records relating to himself or
herself that are in the possession of any hospital or his or her
medical practitioner; or
(f) if the third party refuses or fails-
(i) to submit to the Fund or such agent, together with his or her
claim form as prescribed or within a reasonable period thereafter
and if he or she is in a position to do so, an affidavit in which
particulars of the accident that gave rise to the claim concerned
are fully set out; or
(ii) to furnish the Fund or such agent with copies of all statements
and documents relating to the accident that gave rise to the claim
concerned, within a reasonable period after having come into
possession thereof.
Presumptions regarding driving of motor vehicle
20. (1) For the purposes of this Act a motor vehicle which is being
propelled by any mechanical, animal or human power or by gravity or momentum
shall be deemed to be driven by the person in control of the vehicle.
(2) For the purposes of this Act a person who has placed or left a motor
vehicle at any place shall be deemed to be driving that motor vehicle while it
moves from that place as a result of gravity, or while it is stationary at
that place or at a place to which it moved from the first-mentioned place as a
result of gravity.
(3) Whenever any motor vehicle has been placed or left at any place, it
shall, for the purposes of this Act, be presumed, until the contrary is
proved, that such vehicle was placed or left at such place by the owner of
such vehicle.
Claim for compensation lies against Fund or agent only
21. When a third party is entitled under section 17 to claim from the Fund
or an agent any compensation in respect of any loss or damage resulting from
any bodily injury to or death of any person caused by or arising from the
driving of a motor vehicle by the owner thereof or by any other person with
the consent of the owner, that third party may not claim compensation in
respect of that loss or damage from the owner or from the person who so drove
the vehicle, or if that person drove the vehicle as an employee in the
performance of his or her duties, from his or her employer, unless the Fund or
such agent is unable to pay the compensation.
Submission of information to Fund, agent and third party
22. (1) (a) When, as a result of the driving of a motor vehicle, any person
other than the driver of that motor vehicle has been killed or injured, the
owner and the driver, if the driver is not the owner, of the motor vehicle
shall, if reasonably possible within 14 days after the occurrence, furnish the
Fund on the prescribed form with particulars of the occurrence together with
the prescribed statements, and the Fund shall furnish such information to the
agent who in terms of section 8 is responsible for any claim arising from the
occurrence.
(b) Whenever the question arises whether it was reasonably possible to
furnish the Fund with the information contemplated in paragraph (a) within 14
days after the occurrence, the onus of proving that it was not reasonably
possible to do so shall be on the person who in terms of that paragraph must
so furnish the information.
(2) The agent or the Fund shall within a reasonable period after the third
party has complied with the requirements contemplated in section 19(f) (i),
furnish the third party or his or her agent with a copy of the information and
statements which the owner or driver furnished in terms of subsection (1),
together with all statements which were or are obtained from witnesses to the
accident.
Prescription of claim
23. (1) Notwithstanding anything to the contrary in any law contained, but
subject to subsections (2) and (3), the right to claim compensation under
section 17 from the Fund or an agent in respect of loss or damage arising from
the driving of a motor vehicle in the case where the identity of either the
driver or the owner thereof has been established, shall become prescribed upon
the expiry of a period of three years from the date upon which the cause of
action arose.
(2) Prescription of a claim for compensation referred to in subsection (1)
shall not run against-
(a) a minor;
(b) any person detained as a patient in terms of any mental health
legislation; or
(c) a person under curatorship.
(3) Notwithstanding subsection (1), no claim which has been lodged in terms
of section 24 shall prescribe before the expiry of a period of five years from
the date on which the cause of action arose.
(4) Notwithstanding section 36 of the Compensation for Occupational
Injuries and Diseases Act, 1993 (Act No. 130 of 1993), any right under
subsection (1)(b) of that section to recover an amount which under the said
Act is required to be paid to a third party in circumstances other than those
mentioned in section 18 (2) of this Act shall for the purposes of subsections
(1) and (3) be deemed to be a right to claim compensation under section 17 of
this Act arising on the same date as the cause of action of such third party
under the said section 17: Provided that if the recovery of any such amount
has been debarred by virtue of this subsection, any compensation thereafter
awarded to the third party under this Act shall be reduced by the amount
concerned.
(5) Notwithstanding section 149ter of the Defence Act, 1957 (Act No. 44 of
1957), or of a similarly worded section of another Act of Parliament governing
the South African National Defence Force, any right under the said sections to
recover an amount which under the said legislation is required to be paid to a
third party in circumstances other than those mentioned in section 18(3),
shall for the purposes of subsections (1) and (3) be deemed to be a right to
claim compensation under section 17 of this Act arising on the same date as
the cause of action of such third party under the said section 17: Provided
that if the recovery of any such amount has been debarred by virtue of this
subsection, any compensation thereafter awarded to the third party under this
Act shall be reduced by the amount concerned.
Procedure
24. (1) A claim for compensation and accompanying medical report under
section 17 (1) shall-
(a) be set out in the prescribed form, which shall be completed in all its
particulars;
(b) be sent by registered post or delivered by hand to the Fund at its
principal, branch or regional office, or to the agent who in terms of
section 8 must handle the claim, at the agent's registered office or
local branch office, and the Fund or such agent shall at the time of
delivery by hand acknowledge receipt thereof and the date of such
receipt in writing.
(2) (a) The medical report shall be completed on the prescribed form by the
medical practitioner who treated the deceased or injured person for the bodily
injuries sustained in the accident from which the claim arises, or by the
superintendent (or his or her representative) of the hospital where the
deceased or injured person was treated for such bodily injuries: Provided
that, if the medical practitioner or superintendent (or his or her
representative) concerned fails to complete the medical report on request
within a reasonable time and it appears that as a result of the passage of
time the claim concerned may become prescribed, the medical report may be
completed by another medical practitioner who has fully satisfied himself or
herself regarding the cause of the death or the nature and treatment of the
bodily injuries in respect of which the claim is made.
(b) Where a person is killed outright in a motor vehicle accident the
completion of the medical report shall not be a requirement, but in such a
case the form referred to in subsection (1)(a) shall be accompanied by
documentary proof, such as a copy of the relevant inquest record or, in the
case of a prosecution of the person who allegedly caused the deceased's death,
a copy of the relevant charge sheet from which it can clearly be determined
that such person's death resulted from the accident to which the claim relates.
(3) A claim by a supplier for the payment of expenses in terms of section
17(5) shall be in the prescribed form, and the provisions of this section
shall apply mutatis mutandis in respect of the completion of such form.
(4) (a) Any form referred to in this section which is not completed in all
its particulars shall not be acceptable as a claim under this Act.
(b) A clear reply shall be given to each question contained in the form
referred to in subsection (1), and if a question is not applicable, the words
"not applicable" shall be inserted.
(c) A form on which ticks, dashes, deletions and alterations have been made
that are not confirmed by a signature shall not be regarded as properly
completed.
(d) Precise details shall be given in respect of each item under the
heading "Compensation claimed" and shall, where applicable, be accompanied by
supporting vouchers.
(5) If the Fund or the agent does not, within 60 days from the date on
which a claim was sent by registered post or delivered by hand to the Fund or
such agent as contemplated in subsection (1), object to the validity thereof,
the claim shall be deemed to be valid in law in all respects.
(6) No claim shall be enforceable by legal proceedings commenced by a
summons served on the Fund or an agent-
(a) before the expiry of a period of 120 days from the date on which the
claim was sent or delivered by hand to the Fund or the agent as
contemplated in subsection (1); and
(b) before all requirements contemplated in section 19(f) have been
complied with:
Provided that if the Fund or the agent repudiates in writing liability
for the claim before the expiry of the said period, the third party may
at any time after such repudiation serve summons on the Fund or the
agent, as the case may be.
Right of recourse of Fund or agent
25. (1) When the Fund or an agent has paid any compensation in terms of
section 17 the Fund or agent may, subject to subsections (2) and (3), without
having obtained a formal cession of the right of action, recover from the
owner of the motor vehicle concerned or from any person whose negligence or
other wrongful act caused the loss or damage concerned, so much of the amount
paid by way of compensation as the third party concerned could, but for the
provisions of section 21, have recovered from the owner or from such person if
the Fund or agent had not paid any such compensation.
(2) The Fund's or agent's right of recourse against the owner of a motor
vehicle under subsection (1) shall only be applicable in any case where the
motor vehicle at the time of the accident which gave rise to the payment of
the compensation was being driven-
(a) by a person other than the owner and the driver was under the influence
of intoxicating liquor or of a drug to such a degree that his or her
condition was the sole cause of such accident and the owner allowed the
driver to drive the motor vehicle knowing that the driver was under the
influence of intoxicating liquor or of a drug; or
(b) by a person other than the owner without the driver holding a licence
issued under any law governing the licensing of drivers of motor
vehicles which the driver was required to hold, or the driver, being the
holder of a learner's or other restricted licence issued under such law,
failed, while he or she was so driving the motor vehicle, to comply with
the requirements or conditions of such learner's or restricted licence,
and the owner allowed the driver to drive the motor vehicle knowing that
the driver did not hold such a licence or that the driver failed to
comply with the requirements or conditions of a learner's or restricted
licence, as the case may be; or
(c) by the owner and he or she was under the influence of intoxicating
liquor or of a drug to such a degree that his or her condition was the
sole cause of such accident; or
(d) by the owner without holding a licence issued under any law governing
the licensing of drivers of motor vehicles, which he or she was required
to hold, or the owner, being the holder of a learner's or other
restricted licence issued under such law, failed, while he or she was so
driving the motor vehicle, to comply with the requirements or conditions
of such learner's or restricted licence; or
(e) by the owner and he or she failed to comply with any requirement
contemplated in section 22(1) with reference to the said accident, or
knowingly furnished the Fund or the agent with false information
relating to such accident and the Fund or agent was materially
prejudiced by such failure or by the furnishing of such false
information, as the case may be.
(3) The provisions of subsection (2)(c), (d) and (e) shall apply mutatis
mutandis in respect of any right of recourse by the Fund or the agent against
any person who, at the time of the accident which gave rise to the payment of
the compensation, was driving the motor vehicle concerned with or without the
consent of its owner.
Regulations
26. (1) The Minister shall or may make regulations to prescribe any matter
which in terms of this Act shall or may be prescribed or which may be
necessary or expedient to prescribe in order to achieve or promote the object
of this Act.
(2) Any regulation contemplated in subsection (1) may for any contravention
of or failure to comply with its provisions or the provisions of this Act,
provide for penalties of a fine or imprisonment for a period not exceeding
three months.
Repeal and amendment of laws
27. (1) Subject to section 28-
(a) the laws mentioned in Part I of the Schedule are hereby repealed; and
(b) all laws, including proclamations and decrees, which amended the laws
mentioned in Part I of the Schedule are hereby repealed in so far as
they so amended those laws.
(2) The Financial Supervision of the Multilateral Motor Vehicle Accidents
Fund Act, 1993 (Act No. 8 of 1993), is hereby amended as indicated in Part 11
of the Schedule.
Savings
28. (1) Notwithstanding section 2 (2), this Act shall not apply in relation
to a claim for compensation in respect of which the occurrence concerned took
place prior to the commencement of this Act in terms of a law repealed by
section 27, and any such claim shall be dealt with as if this Act had not been
passed.
(2) The repeal of any law by section 27 shall not affect-
(a) the previous operation of such law or anything duly done or permitted
under such law; or
(b) any right, privilege, obligation or liability acquired, accrued or
incurred under such law; or
(c) any penalty, forfeiture or punishment incurred in respect of any
offence committed in terms of such law; or
(d) any investigation, legal proceeding or remedy in respect of any such
right, privilege, obligation, liability, penalty, forfeiture or
punishment, and any such investigation, legal proceeding or remedy may
be instituted, continued or enforced, and any such penalty, forfeiture
or punishment may be imposed, as if this Act had not been passed.
Short title and commencement
29. This Act shall be called the Road Accident Fund Act, 1996, and shall
come into operation on a date fixed by the President by proclamation in the
Gazette, except section 10, which shall be deemed to have come into operation
on 21 April 1996.
SCHEDULE
PART I
________________________________________________________________________________
No. and year of law | Short title
______________________|_________________________________________________________
Act No. 32 of 1980 | Compulsory Motor Vehicle Insurance Act, 1980
| (Bophuthatswana)
|
Act No. 28 of 1986 | Motor Vehicle Accidents Act, 1986 (Ciskei)
|
Act No. 84 of 1986 | Motor Vehicle Accidents Act, 1986
|
Decree No. 9 of 1988 | Decree No. 9 (Motor Vehicle Accidents) of 1988
| (Transkei)
|
Act No. 5 of 1989 | Multilateral Motor Vehicle Accidents Fund Act, 1989
| (Bophuthatswana)
|
Act No. 7 of 1989 | Multilateral Motor Vehicle Accidents Fund Act, 1989
| (Venda)
|
Decree No. 9 of 1989 | Decree No. 9 (Multilateral Motor Vehicle Accidents
| Fund) of 1989 (Transkei)
|
Act No. 17 of 1989 | Multilateral Motor Vehicle Accidents Fund Act, 1989
| (Ciskei)
|
Act No. 93 of 1989 | Multilateral Motor Vehicle Accidents Fund Act, 1989
______________________|_________________________________________________________
PART II
The Financial Supervision of the Multilateral Motor Vehicle Accidents Fund
Act, 1993, is hereby amended-
(a) by the substitution for the long title of the following long title:
"ACT
To further regulate the affairs of the Multilateral Motor Vehicle
Accidents Road Accident Fund; and to provide for matters connected
therewith.";
(b) by the substitution in section 1 for the definition of "Fund" of the
following definition:
" 'Fund' means the Multilateral Motor Vehicle Accidents Road
Accident Fund mentioned in the <B>Multilateral Motor Vehicle Accidents
Fund Act, 1989 (Act No. 93 of 1989) Road Accident Fund Act, 1996;
and
(c) by the substitution for section 6 of the following section:
"Short title
6. This Act shall be called the Financial Supervision of the Road
Accident Fund Act, 1993.".$