n Without Prejudice - Unaware : road accident fund

Volume 11, Issue 2
  • ISSN : 1681-178X



In a recent matter, , decided on September 30 2010, the Constitutional Court had to decide whether s12(3) of the Prescription Act applies to claims under the RAF Act by virtue of s16 of the Prescription Act. In other words should, or could the knowledge requirement of the Prescription Act be read into the RAF Act and, if not, does s23(1) of the RAF Act limit the right of access to courts, and thus could it be declared unconstitutional?

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