THE SUPREME COURT OF APPEAL
REPUBLIC OF SOUTH AFRICA

MEDIA SUMMARY – JUDGMENT DELIVERED IN THE SUPREME COURT OF APPEAL

From:
The Registrar, Supreme Court of Appeal

Date:  6 March 2008

Status:
Immediate

Please note that the media summary is intended for the benefit of the media
and does not form part of the judgment of the Supreme Court of Appeal

Bulelwa Nonkwali v Road Accident Fund

In a judgment delivered today, the Supreme Court of Appeal has upheld an
appeal brought against a judgment of the Mthatha High Court which upheld a
special plea raised by the Road Accident Fund against a claim brought in
terms of s 17 of the Road Accident Fund Act 56 of 1996 (the Act), for
compensation for injuries sustained by Ms Nonkwali in a motor vehicle
collision.

The special plea was upheld on the basis that Ms Nonkwali’s claim form did
not meet the requirements of s 24 of the Act for failure to list a head injury
sustained in the collision which was discovered about three years after the
collision, after the claim had been lodged. Ms Nonkwali had however
amended her pleadings to include the injury upon its discovery. The high court
further held that even if she had a valid claim in respect of this injury, it had
prescribed by reason of the provisions of s 23 of the Act.

The Supreme Court of Appeal held that it was not necessary to amend the
claim form to include the additional injury and that amending the summons in
that regard sufficed. The Supreme Court of Appeal further held that the claim
in respect of the additional injury did not introduce a new cause of action and
was merely an additional item to her original cause of action.