The Constitutional Court heard the above matter of 12 August 2010. Judgment was reserved.

The Law Society’s application for leave to appeal to the Constitutional Court has been set down for hearing on 12 August 2010. If the application is granted, the appeal will be heard there and then.
   The conditional application for leave to appeal the Supreme Court of Appeal was originally set down for hearing in the North Gauteng High Court on 27 May, but by agreement between the parties, this application will be postponed to after 12 August, so that the Constitutional Court application can be dealt with first.
  In terms of the directions received from the Constitutional Court:
25 June 2010: Applicants’ record to be lodged.
9 July 2010: Written argument to be lodged by the applicants.
23 July 2010: Written argument must be lodged by the respondents

The Law Society of South Africa today filed an application to appeal direct to the Constitutional Court against the judgment by Fabricius AJ handed down in the Gauteng High Court on 31 March 2010, in the matter of Law Society of South Africa and 10 others v the Minister of Transport and the Road Accident Fund.
   An application for leave to appeal to the Supreme Court of Appeal has been filed before the High Court in the event of the application before the Constitutional Court being dismissed.
Read the Notice of Motion and Founding Affidavit.

The LSSA has submitted its comments on the No-Fault Poliocy to the Department of Transport.

On 31 March 2010 Acting Judge Hans Fabricius dismissed the LSSA's application with no order as to costs.Download judgment.

Argument was concluded on 3 March 2010 in the matter between the Law Society of South Africa and others v the Minister of Transport and the RAF. Fabricius AJ reserved judgment, and indicated that he could not give any timeframe of how long it will take him to prepare the judgment.  He realised that it is an urgent matter.

Judge Fabricius yesterday denied the Minister's request for a postponement, with costs. The matter will proceed on 1 March 2010 in the North Gauteng High Court: Pretoria. The matter will be heard by Judge Fabricius.

The first Respondent in the matter, the Minister of Transport, will apply for a postponement of the matter on 24 February 2010. Read Application for Postponement.

The Heads of Argument of the LSSA and nine other applicants have been served on the Minister of Transport and the Road Accident Fund.

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.