The attorneys’ media portal, Tech4Law, ran a recent court case summarised by FISA CEO Jan du Plessis.
In Chengeto v Road Accident Fund, the High Court ruled that section 17(6) of the Road Accident Fund Act – requiring medical costs to be “already incurred” before interim payments can be made – is unconstitutional. The court found the rule indirectly discriminates against indigent claimants who cannot afford upfront treatment costs. It ordered the provision to be amended within 24 months and introduced a temporary reading-in to allow interim payments for necessary medical expenses of poor claimants.
Read here.