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Cited documents 2
Act
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Finance and Money
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Infrastructure and Transportation
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Judgment
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Reported
Appeal tribunal may assess injury seriousness but cannot finally determine causation; causation is for the courts.
Road Accident Fund Act and Regulations – assessment of serious injury under s 17(1A) and Regulation 3; scope of Road Accident Appeal Tribunal’s powers – limited to seriousness assessment (including directing further assessments and substituting assessments) and not to finally determining causation; principle of legality – implied powers must be necessary and reasonable consequence of express powers; causation remains for the courts; Fund retains prerogative to concede or contest causation.
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Documents citing this one 2
Judgment
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Reported
Referral advocate accepted briefs and fees directly, lacked oversight, obstructed proceedings and was struck from the roll to protect the public.
* Legal profession – referral rule – s 34 Legal Practice Act – advocate accepting instructions and fees directly from public contrary to referral practice.
* Professional responsibility – oversight of staff – advocate cannot evade liability by blaming administrators.
* Fitness to practise – dishonesty, non-compliance with court orders, obstructive litigation conduct and failure to execute mandates.
* Sanction – striking from roll and appointment of curator bonis; LPC referral decision not reviewable.
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Court granted interim stay of execution protecting public fund from alleged fraudulent attorney, directed LPC report and awarded costs.
Public law/administrative law – custodianship of public funds – interim interdicts and stays of execution under Rule 45A and section 173 – forgery/impersonation allegations against legal practitioner – jurisdiction and joinder – Rule 35(12) evidence issues – court’s inherent power to regulate officers and process.
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