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LPL4802 TAKE HOME EXAM DUE 27OCTOBER 2023
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LPL4802 TAKE HOME EXAM DUE 27OCTOBER 2023
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, LPL4802 TAKE-HOME EXAMINATION 2023QUESTION 1
NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS (ESSAY
a) Study Nemangwela v Road Accident Fund (437/2022) [2023] ZASCA (8 June
2023) case herein attached as well as the Road Accident Fund Act 56 of 1996 as
amended and answers the question below:
Write a critical appreciation/analysis of the court’s reasoning to disqualify the
forklift as a motor vehicle for the purposes of claiming damages from the Road
Accident Fund. Refer to the relevant case law and applicable legislation quoted
and relied on, in this case.
In the case of Nemangwela v Road Accident Fund (437/2022), the court was
faced with the question of whether a forklift can be considered a "motor
vehicle" for the purpose of claiming damages from the Road Accident Fund. The
court reasoned that the forklift did not meet the criteria to be considered a
motor vehicle, and therefore the claimant would not be eligible to claim
damages from the Road Accident Fund.
To arrive at this conclusion, the court relied on the provisions of the Road
Accident Fund Act 56 of 1996 as amended. According to section 1 of the Act, a
"motor vehicle" is defined as a vehicle which is designed or adapted for
propulsion by mechanical means, and includes any self-propelled wheelchair,
but does not include a vehicle running on rails. The court's reasoning was based
on the interpretation of this definition.
The court referred to previous case law, specifically the case of MEC, Roads and
Public Works, Eastern Cape v Schmidt (638/2007) [2008] ZASCA 134 (14
November 2008), where the Supreme Court of Appeal held that a vehicle must
be primarily designed or adapted for propulsion by mechanical means in order
to be considered a motor vehicle. The court in Nemangwela v Road Accident
Fund found this reasoning to be persuasive and applied it to the present case.
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