Civil Litigation & Debt Collection
There are indications that not many individuals and entities were aware of SASRIA until only recently after the political riots in some parts of KwaZulu Natal and Gauteng.
The South African Special Risks Insurance Association (SASRIA) is a state-owned company under the National Treasury, listed under 3B of the Public Finance Management Act 1 of 1999, as a non-life insurance company. It provides cover to individuals, businesses and government entities that have assets in South Africa against loss due to special risks that are not normally covered by private insurance companies.
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Firstly, it must be noted that the premise upon which the law of contract stands is of course the principle of freedom to contract. Parties are at liberty to agree and enter into any contract provided that they have capacity, consent, and that the object (subject matter) of that contract is not unlawful.
Thousands of claims are lodged with the Road Accident Fund each year and while many of them do actually get paid out, a good number do not. Various reasons owe to this phenomena and despite efforts by the Road Accident Fund to conduct public awareness and road shows to educate the public, many claims still get rejected due to not meeting the requirements.
Amongst key challenges is balancing economic activity on one hand, while ensuring that the pandemic is kept under control. In this vein, the measures in place as announced by government right from the beginning of the Lockdown Restrictions in March 2020 have had one underlying factor, that all services and economic activity which can be executed remotely, be encouraged to do so.
Time and again in our work we receive questions with regards to Community Schemes and the Schemes Ombud (CSOS).
In this brief article, we will address a few of the pertinent questions that we receive from some of our clients and members of the public at large.
In the event where more than one adjudication forum has concurrent jurisdiction, the Plaintiff is of course at liberty to proceed with the forum of their choice.
For example, where there is a dispute with regards to a contract, the Court under whose jurisdiction such contract was concluded and the Court under whose jurisdiction the Defendant is domiciled, both retain jurisdiction. Under these circumstances the Plaintiff will proceed with either of the two Courts.
Amid the government’s efforts to contain the virus whilst ensuring the economy is kept on its feet, there has been talk on whether the strict enforcement of such efforts may encroach on constitutional rights unjustifiably in a democratic society.
While it is possible for a claimant to claim directly from the Road Accident Fund on their own, using an attorney has advantages that far outweigh trying to claim on your own.
In most instances the reason why claimants choose to try and claim alone is to avoid paying substantial amounts in fees to the attorney. However, this article will attempt to weigh up the benefits of using an attorney in claiming from the Road Accident Fund as opposed to a claimant trying to claim alone.
It is not all Road Accident Fund claims that are successful, owing to shortfalls in the technical and legal aspects pertaining to the lodged claims. This happens mostly because many claimants will be lost in the excitement of anticipating a lump sum and not putting pen to paper on the important aspects and requirements that must be satisfied before lodging a claim.
Service providers sometimes see it necessary and in best interest to request consumers to provide guarantees of payment towards service accounts. Such measures are necessary to forestall and compensate for any default in payment of accounts so that business continuity and viability is not affected.
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