hit-and-run victims
7 March 2007

The Constitutional Court yesterday declared invalid a regulation 2(1)(c) made under the Road Accident Fund Act that demands hit-and-run victims submit an affidavit to the police within 14 days.

The regulation prevents many victims who are unable to comply with the regulation from claiming from the fund.

Yesterday’s judgment also overturned a Supreme Court of Appeal judgment that said the regulation was valid. In the case of Bennet Makwetlane in 2005, the majority in the appeal court held that the regulation was not inconsistent with the constitution because the claimant in a hit-and-run case had no enforceable claim in common law.

Kondile said the appeal court had erred when it held that the victim of an unidentified driver would have no claim or enforceable remedy in common law. Therefore, the period of 14 days was too short to amount to a fair opportunity to access court.
“The period time of 14 days prescribed in regulation 2(1)(c) is very short and palpably unfair as it has an extensive impact, especially on the many illiterate and the poor of this country.

“I agree that most citizens will be unaware of the regulation and thus will be denied the right to sue the fund.”

Kondile also sent the case back to the Cape High Court for determination of the claim.

For the full report, go to www.businessday.co.za