The High Court Gauteng Division, Pretoria Acting Judge Khumalo ruled on the matter in Bangiwe v Road Accident Fund 2021 (3) SA 172 (GP) finding the Road Accident Fund liable for a collision that occurred underground at the Mine.

In terms of section 17(1) of the Road Accident Fund Act 56 of 1996, a claim arises if any person has suffered loss or damage as a result of any bodily injury to himself or herself, or as a result of the death of or any bodily injury to another person; caused by or arising from the driving of a motor vehicle; by any person at any place within the Republic of South Africa.

The term any place within the Republic can be defined as literally meaning “everywhere” in South Africa where there is a road.

Although the Act is silent on what is considered to be “a road”,  Section 1 of the National Road Traffic Act 93 of 1996, states that  a “public road” means any road, street or thoroughfare or any other place (whether a thoroughfare or not) which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access, and includes—(a) the verge of any such road, street or thoroughfare; (b) any bridge, ferry or drift traversed by any such road, street or thoroughfare; and (c) any other work or object forming part of or connected with or belonging to such road, street or thoroughfare”.

It is clear that the definition of road or any place in the republic is very broad and it suffices to say that in terms of section 17 of the Road Accident Fund Act, the term “any place in the Republic” includes mining sites.

References

Bangiwe v Road Accident Fund 2021 (3) SA 172 (GP)

Road Accident Fund Act 56 of 1996

National Road Traffic Ac 93 of 1996