Personal Injury News January 2012
When the Constitutional Court declared that sections
18(1)(a)(i), 18(1)(b) and 18(2) of the Road Accident Fund Act 56 of
1996 (the old Act) were unconstitutional (Mvumvu and Others v
Minister of Transport and Another 2011 (5) BCLR 488 (CC)),
they suspended the order for a period of 18 months to enable
Parliament to cure the defect.
On 17 August 2011 the Draft Road Accident Fund Amendment Bill,
2011, was published for comment. It appears that the aim of the
draft Bill is to amend the Act, so as to provide for transitional
measures in respect of certain categories of third parties whose
claims were limited under the Act, as instructed by the
Constitutional Court. The proposed amendment includes removal of
the existing section 18 and substituting same through the insertion
of section 18A of the Act.
