Finding the Intention of the Legislature: RAF vs Monjane 2010 3 SA 641 (SCA)

Abstract

This case dealt with the correlation between the Road Accident Fund Act 56 of 1996 (RAF Act) and the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COID Act). Although the judgment was delivered in the Supreme Court of Appeal in May 2007 it was only reported in the South African Law Reports in June 2010. This decision confirmed that an employee who was subject to the COID Act, and injured by the unlawful and negligent driving of his employer, was precluded from claiming from the Road Accident Fund (RAF). Application for leave to appeal was refused by the Constitutional Court. Therefore the widely criticized decision of the Supreme Court of Appeal is binding and reflects the current legal position. In this note attention is given mainly to whether this decision reflects the intention of the legislature.