Raf V Sweatman (162/2014) [2015] ZASCA 22 (20 March 2015) A Simple Illustration of the SCA'S Statutory Misinterpretation of Section 17(4)(C) of the Road Accident Fund Act 56 of 1998

26 Pages Posted: 25 Mar 2016

See all articles by Sarah Fick

Sarah Fick

University of Cape Town (UCT) - Department of Private Law

Paul van der Merwe

Stellenbosch University

Date Written: December 30, 2015

Abstract

In Road Accident Fund v Sweatman (162/2014) [2015] ZASCA 22 (20 March 2015) (hereafter Sweatman) the Supreme Court of Appeal was faced with the interpretation of section 17(4)(c) of the Road Accident Fund Act 56 of 1998 (the "cap provision"). The purpose of this note is to assess the court's interpretation of the "cap provision" to determine whether this interpretation is sound. This is achieved by explaining the purpose of the Road Accident Fund and the Amendment Act. Thereafter the general method of calculating loss of income is explored, together with the different interpretations of the "cap provision" and the application thereof. The abovementioned decision of the SCA on the most appropriate interpretation is then critically analysed. It is argued that the court, in Sweatman, misunderstood the implication of its decision and was therefore incapable of interpreting the provision correctly. The effect is that one of the primary purposes of the Amendment Act is circumvented.

Keywords: Road Accident Fund, interpretation of statutes, quantification of damages, expert witnesses

Suggested Citation

Fick, Sarah and van der Merwe, Paul, Raf V Sweatman (162/2014) [2015] ZASCA 22 (20 March 2015) A Simple Illustration of the SCA'S Statutory Misinterpretation of Section 17(4)(C) of the Road Accident Fund Act 56 of 1998 (December 30, 2015). Potchefstroom Electronic Law Journal, Vol. 18, No. 7, 2015, Available at SSRN: https://ssrn.com/abstract=2753719

Sarah Fick (Contact Author)

University of Cape Town (UCT) - Department of Private Law ( email )

Lovers Walk St
Cape Town
South Africa

Paul Van der Merwe

Stellenbosch University ( email )

Private Bag X1
Stellenbosch, Western Cape 7602
South Africa

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