High Court Application

Written by Zelda Venter | 11 May 2023 Pretoria – A full Bench (three judges) of the Gauteng High Court, Pretoria, this week heard arguments by several Road Accident Fund (RAF) claimants, asking that directives issued by the entity which places obstacles in the way of issuing new claims to be overturned. It was argued on behalf of the eight claimants who turned to the courts, that the directives make it nearly impossible to lodge claims and that the RAF is infringing on the constitutional rights of claimants. In terms of these directives and an amended claim form, claimants must attach a host of documents, such as a comprehensive accident report and hospital and medical records, before they are allowed to even lodge it. The court was asked to set aside the requirement for all the compulsory information before being able to lodge a claim. In a first step, the

Email from Gert Nel Sent: 14 April 2023 08:55am Dear V Dhulam, Thank you for the prompt reply. We are however concerned that an otherwise urgent matter is met with little or no reasonable response, each passing day adding to the already top heavy and dire situation. We are totally aware of the procedural requirements but are now at a point where we would require that you start extending the Applicants the courtesy of a feasible timeframe in which to expect your clients response, surely the prescribed dies applies to all parties involved? Having regard to the above we respectfully require you to favour us with a more substantial reply within the next 7 (seven) days. Yours Truly, Gert Nel Reply from Vijay Dhulam Sent: 18 April 2023 12:55am Dear Sir We take note of your email. Our clients instruction is to await the court’s directive in terms of Rule

Email from Gert Nel Sent: 13 April 2023 14:26pm Dear V Dhulam, Your ref.: 0252/22/P14/mp The above mentioned matter and our letter addressed to the Honourable Chief Justice, dated the 24th of February 2023, refers. We confirm, not having received the courtesy of a reply to the said letter nor any formal reply, in the form of apposing papers or otherwise. Having regard to the urgent and serious nature of the application, we respectfully submit that we would be pleased to receive your further advices within 7 (seven) days of this letter, in the absence of which we will reconvene to consider remaining remedies available to ensure that our client’s constitutional rights are protected. Yours Truly, Gert Nel Reply from Vijay Dhulam Sent: 13 April 2023 14:56pm Dear sir We do apologise for not responding to your previous correspondence. We have filed our notice to oppose in terms of the

Gert Nel Inc’s application to the Constitutional Court, filed on 14 December 2022, is one of direct access to the apex court in terms of section 167(6)(a) of the Constitution and is governed by rule 18 of the Rules of the Constitutional Court. In terms of rule 18(3), respondents had until 25 January 2023 to notify the applicants as well as the Registrar of their intention to oppose the application. Only four of the ten respondents elected to do so. After such a notice has been received or where the time for the lodging of such notice has expired, a matter shall be disposed of in accordance with directions given by the Chief Justice, which may include – a) a direction calling upon the respondents to make written submissions to the Court within a specified time as to whether or not direct access should be granted; or b) a direction

On 1 December 2022, the Deputy Judge President of the Pretoria High Court issued a directive suspending the previously requisite judicial case management conference (‘JCMC’) process that a Road Accident Fund matter had to comply with before being eligible for an application to the Registrar for a trial date.The goal, in a nutshell, at a JCMC is to be certified trial ready. Provided a Judge is satisfied that the relevant requirements are met, a trial readiness certificate is issued. Practice has shown that the road to being certified trial ready – from applying to the Registrar for the allocation of a JCMC date to following up on such allocation at Court to enrolment and eventual certification – is highly congested and takes several months, sometimes years, to traverse. The suspension of the process presumably follows an immeasurable backlog of cases awaiting JCMC date allocations. In addition, it would have the

On 14 December 2022, Gert Nel Incorporated filed an application with the Constitutional Court of South Africa. The application primarily aims to have the civil trial date and default judgment application processes adopted by the Gauteng Division of the High Court, Pretoria, declared unconstitutional and invalid. These processes are regulated by a number of practice directives, the implementation of which has had the ultimate effect of infringing upon the applicants’ constitutionally enshrined rights to equality, human dignity, and access to courts. The applicants cited are but six of thousands of victims who have suffered injury or loss as a result of the negligent or otherwise wrongful driving of motor vehicles and are impeded from obtaining speedy, just, and equitable relief. The rights of these victims are being trampled on and their lives destroyed due to the unnecessary delays in finalizing their matters negating any reasonable chance of physical, emotional or