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[2023] ZAGPPHC 1937
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Road Accident Fund v Lombard and Another (74084/2019) [2023] ZAGPPHC 1937 (16 November 2023)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
CASE
NO: 7 4 0 8 4 / 2 0 1 9
1.
REPORTABLE:
YES
/NO
2.
OF INTEREST TP OTHER JUDGES:
YES
/NO
3.
REVISED:
YES
/NO
DATE:
16/11/2023
In
the matter between:
Road
Accident Fund
Applicant
And
Henry
Lombard
1 st Respondent
The
Sheriff Centurion East
2nd Respondent
REASONS
FOR JUDGMENT
BOTHA
AJ
1
Introduction
The
Applicant applied for an order in the following terms:
1.1
That the late filing of the application be condoned;
1.2
That the claim for interest for the late payment of the capital by
the 1st Respondent be
dismissed;
1.3
In the alternative, the Court orders that the court order be varied
to include interest
on late payment of capital;
1.4
That the 1st Respondent be ordered to pay the costs of this
application, in the event of
opposition;
1.5
That pending determination of the dismissal of the claim for interest
for late payment of
capital, the order be suspended or stayed.
2
The
order
2.1
On 19 March 2021 Millar J made an order in favour of the 1st
Respondent and the Applicant
was ordered to pay damages to the 1st
Respondent within 14 days after the order.
2.2
The order of Millar J did not specifically mentioned the payment of
interest.
2.2
Apparently the issue of interest was raised and argued before Millar
J and his view was that the aspect of interest need not
be
incorporated in a court order as it follows
ex lege
.
3
3.1
Full argument was presented during this hearing and regard was had to
inter alia
the following case law:
a)
General Accident Versekerings Maatskappy Suid Afrika Bpk v Bailey NO
1988 (4) SA 353
(A);
b)
Saunders NO v MEC of the Department of Health: Limpopo Province
(899/2013)[2015]
ZAGPHC 360 (1 June 2015);
c)
Thoroughbred Breeders Association v Price Waterhouse
2001 (4) SA 551
(SCA);
d)
Steyn NO v Rona! Bobroff & Partners
2013 (2) SA 311
(SCA);
e)
West Rand Estates Ltd v New Zealand Insurance Co Ltd 1926AD 173; and
more.
4
After
listening to argument by both parties and having debated the issue I
made the following ruling that formed the basis for the
order:
4.1
It is declared that interest follows ex lege on any judgment debt
against the RAF and starts
running i.t.o. Sec 17(3) (a) of Act 56 of
1996 after 14 days of the date of the judgment;
4.2
To prevent applications as in the instance, it is advisable that a
specific prayer for interest
be contained in the order;
4.3
It was further ordered that ,
ex abudanti cuatela
, the order
of Millar J be varied to contain an order for interest that starts
running 14 days after the date of the order till
date of payment.
5
I
suffice with my
ex tempore
judgment and reasons and have
nothing more to add.
GB
BOTHA
Acting
Judge of the High Court
Gauteng
Division, Pretoria
Date
of Hearing: 16 October 2023
Judgment
delivered: 16 October 2023
Reasons
delivered: 16 November 2023
Attorneys
for applicant: State Attorney Pretoria
Counsel
for applicant: Ms B Rangata
Attorneys
for respondent: DWM Attorneys
E-
mail
nicolette@dwm-attorneys.co.za
Counsel
for respondent:Adv SJ Myburg