Claims Against the State, Municipalities, Road Agencies and All Public Bodies
Prior to the institution of any legal proceedings against Organs of State certain formalities have to be complied with and for this reason alone these claims should only be processed with the assistance of specialist personal injury attorneys.

Further given that all arms of Government have unlimited resources available to contest such claims, victims should only seek assistance from substantial firms of attorneys, which have the financial and personnel resources to take on the Road Accident Fund, government and insurers. 

Once the above formalities have been complied with summons is served out of the appropriate court and the claim follows a normal litigation procedure.

Damages Claimable
From time inmemorial persons who suffered bodily harm as a result of the wrongful act of another would receive compensation for the pain and suffering which the injury had and would cause them.

This principle is first to be found in the Gemmorah; the system of Law developed by the Jewish people in Biblical times, and carried through from Greek to Roman, to modern times.  It is found in the legal systems of all civilized Countries.

Because no one can feel the pain of another and that pain cannot be seen, weighed, measured or displayed, legal systems start off with an arbitrary amount of money being awarded for different types of suffering.

These amounts are adjusted for inflation and a system of precedent – case examples are built up and referred to in various Legal Text Books and Law Reports.

It is therefore important that victims should describe in detail to their examining and treating doctors, to their spouses, employers and co-workers, the pain that they suffer, so that this be reflected in medico legal reports as also in court testimony.

South African courts are very conservative and victims of personal injury receive little compensation in respect of pain and suffering when compared to the substantial damages awarded elsewhere, particularly in the USA where the jury system results in greater sympathy and fairness.

Satisfaction for Damages Awards Against the State
Traditionally, the State has been immune from having its assets attached by the Sheriff of the Court and sold at a Public Auction so as to provide money for the payment of judgments against it.

The principle is that civilized governments respect the rule of law and to honour judgments of the Court requiring government and/or its servants to act or pay as required by judgments.

South Africa’s Constitution specifically subjects the State to the Rule of Law and grants it no greater status or privileges in the eyes of the Law than the humblest citizen.

Until the late nineties, South African Governments always honoured judgments of the Court and it was never previously necessary to seek to attach State assets in satisfaction of judgments against it.

Unfortunately, that is no longer the case and Government and Government Departments, including Municipalities and Provincial Authorities routinely ignore Court judgments and litigants have been forced to satisfy judgments via attachment and sale in execution of State assets.

The situation reached a crisis of such proportions with that the Constitutional Court was approached by a successful litigant who could not obtain satisfaction of his judgment against the State.

The Constitutional Court held in the matter of Nyathi that Section 3 of the State Liability Act 20 of 1957 which prohibits execution or attachment against the State or its assets for the satisfaction of judgment debts, TO BE CONSISTENT WITH THE CONSTITUTION AND INVALID.

The State was given a year within which to formulate a specific procedure for the satisfaction of judgment debts but it failed to do so and sought postponement. This request was refused, and subject to litigants following the procedure laid down by the Constitutional Court, judgments can be satisfied by attachment of State assets.

If you would like assistance from Ronald Bobroff & Partners Inc with regards to any Road Accident Fund (RAF) Claims contact us or call us on 011 880-6781 or on our 24hour toll free number 0860 100 184.