Road Accident Fund v MKM obo KM and Another; Road Accident Fund v NM obo CM and Another (Centre for Child Law intervening as Amicus Curiae) (1102/2021) [2023] ZASCA 50 (13 April 2023)

 

 

 

 

 

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA

JUDGMENT

Not Reportable

 

Case no: 1102/2021

In the matter between:

ROAD ACCIDENT FUND APPELLANT

and

M K M obo KM and TM RESPONDENT

CENTRE FOR CHILD LAW AMICUS CURIAE

 

and

In the matter between

ROAD ACCIDENT FUND APPELLANT

and

N M obo CM and LM RESPONDENT

CENTRE FOR CHILD LAW AMICUS CURIAE

 

Neutral citation: Road Accident Fund v M K M obo KM and Another; Road Accident Fund v N M obo CM and Another (with Centre for Child Law intervening as Amicus Curiae) (1102/2021) [2023] ZASCA 50.

 

Bench: MAKGOKA, MOTHLE and HUGHES JJA and NHLANGULELA and MALI AJJA

 

Summary: Correction of patent error in the order.

 

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AMENDED ORDER

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1 Paragraph 2.2 of the order under case number 1677/2019 is amended by the deletion of the word ‘Pretoria’ and the substitution thereof with ‘Johannesburg’.

2 Paragraph 3.2 of the order under case number 1928/2019 is amended by the deletion of the word ‘Pretoria’ and the substitution thereof with ‘Johannesburg’.

________________________________________________________________

 

JUDGMENT

________________________________________________________________

Makgoka JA (Mothle and Hughes JJA, Nhlangulela and Mali AJJA concurring):

[1] Paragraphs 2.2 of the order granted under case number 1677/2019 on 13 April 2023 respectively, reads:

‘2 Sonya Meistre Attorneys are directed to submit a bill of costs in respect of their attorney-and-client fees to the Taxing Master of this court (Gauteng Division, Pretoria), within fifteen (15) days of this order.’

 

[2] Paragraphs 3.2 of the order granted under case number 1928/2019 on 13 April 2023 in the said appeal reads:

‘3 Sonya Meistre Attorneys are directed to submit a bill of costs in respect of their attorney-and-client fees to the Taxing Master of this court (Gauteng Division, Pretoria), within fifteen (15) days of this order.’

 

[3] On 2 May 2023 the attorneys who acted for the respondents in the high court drew to the attention of the Registrar of this Court that the said paragraphs, respectively, contained a patent error, namely that ‘Pretoria’ in the said paragraphs, should instead be ‘Johannesburg’. They accordingly sought the correction of the orders. This is clearly a patent error which may be corrected.¹

 

[4] It is accordingly ordered that:

1 Paragraph 2.2 of the order under case number 1677/2019 is amended by the deletion of the word ‘Pretoria’ and the substitution thereof with ‘Johannesburg’.

2 Paragraph 3.2 of the order under case number 1928/2019 is amended by the deletion of the word ‘Pretoria’ and the substitution thereof with ‘Johannesburg’.

 

 

__________________

TATI MAKGOKA

JUDGE OF APPEAL