In terms of a directive issued by Sapire AJ on 1 December 2009, the dates of 1 to 3 March 2010 have been allocated for the hearing of the application of the Law Society of South Africa and 10 Others v the Minsiter of Transport and the RAF: Case no: 10654/09 in the North Gauteng High Court: Pretoria.

Seven victims of road accidents prejudiced by the 2008 amendments brought about by the RAF Amendment Act and regulations, will apply tomorrow to the North Gauteng High Court to be joined as coapplicants against the Minister and the RAF.

The Law Society of South Africa (LSSA) served and filed its amended notice of motion and supplementary affidavit in the North Gauteng High Court, Pretoria on 21 August 2009 in its challenge to several aspects of the Road Accident Fund Amendment Act.

The LSSA has made the application regarding the Road Accident Fund Amendment Act and regulations an ongoing high priority matter on its agenda and, through the provincial law societies, substantial resources have been earmarked for the court application.
   The LSSA launched the application in February this year. The respondents, the Minister of Transport and the RAF, signalled their intention to oppose the application on 25 March and 20 March respectively. The Minister also simultaneously served a copy of the record. Replying affidavits were due by 13 May for the first respondent and 11 May for the second respondent.
  As at 20 July, the further record requested from the RAF was still being awaited and was due to be delivered that day. Also, the further record requested from the Minister of Transport was still being awaited. 
   The LSSA and the other applicants were considering their positions and whether to bring an application to compel the Minister to file the further record.
   Once the outstanding records are received from the respondents, the LSSA and other applicants will have an opportunity to amend their Notice of Motion and produce supplementary affidavits (arising from the records). Only once the applicants have filed their amended Notice of Motion and supplementary affidavits will the Minister and RAF have to file their answering affidavits, whereafter the LSSA and other applicants may reply. Only then will the LSSA be in a position to apply for a date for the hearing of the review application.  The envisioned date of 28 August 2009, as quoted in 2009 (June) DR 11 is incorrect and, at this stage no indication can be given as to when the application will be heard by the North Gauteng High Court; but it will probably be heard only early in 2010.
   The LSSA apologises for any confusion and wishes to assure practitioners that the legal team is doing all in its power to expedite this matter.

The Western Cape High Court, Cape Town yesterday granted a court order in favour of the LSSA which reviewed and set aside the RAF's decision to implement the direct payment system. 

The LSSA will, tomorrow in the Western Cape High Court, Cape Town, ask the court to set aside the direct payment system imposed last year by the RAF. 

The review of the direct payment system in the matter of the Law Society of South Africa, SAAPIL and Luvuyo Mbele v the Road Accident Fund and the Minister of Trnasport is on the roll in the Western Cape High Court, Cape Town on 11 June 2009.

Heads of argument in the DPS section above.