Law Blog - Michael de Broglio Attorney

I am pleased to advise you all that Marius Kruger, the attorney in Cape Town who did us all such a favour with his challenge on President Mbeki’s implementation and then retraction of the wrong sections of the Road Accident Fund Act, is at it again. Perhaps not so exciting for myself and my counsel, is a situation where we had already decided to bring a Constitutional Court challenge ourselves, and had pleaded same accordingly in a limited passenger case where the defendant attorneys unfortunately don’t seem to have responded at this time or reacted to our pleadings. Presumably they have not taken the point as yet which is going to slow us down somewhat. The bottom line is that the previous judgment on limited passenger cases, as we have reported in a newsletter before, was given when attorneys Raphael and David Smith brought a brave challenge but sought, in essence, to have a limited damages case that arose pre the 1994 Constitution, considered in terms of the 1994 Constitution, which ultimately the court declined to do so. They may of course give the same reasoning in a challenge that is brought now, but it seems far too many attorneys have simply accepted the fact that the limitation of passenger cases have been held to be constitutional without reading the actual reasons therefor and the case that was brought before the Constitutional Court was perhaps not the appropriate one. In any event, I will keep you advised on this challenge, as it is one that I certainly have a great interest in and may possibly intervene as well.

Posted by Michael de Broglio on Monday 07-Jul-08

Challenge to the R25 000 limit

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