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The authorized choices and the room to manoeuvre accessible to the financially burdened Street Accident Fund (RAF) look like dwindling.
This follows the most recent developments within the contempt of court docket utility launched by Discovery Well being that was served on the RAF and its CEO, Collins Letsoalo, on 9 November 2023.
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Discovery Well being launched the pressing contempt of court docket utility due to the alleged failure of the RAF to implement a earlier court docket order associated to the cost of the previous medical bills of fund claimants.
The contempt of court docket utility is being opposed by the RAF and Letsoalo.
Learn: Discovery launches contempt of court application against RAF and its CEO
They’ve argued that the RAF shouldn’t be responsible for previous medical bills the place the injured particular person is a medical scheme member.
Nevertheless, the RAF has been unsuccessful in convincing the courts to simply accept this argument in a number of excessive court docket judgments on this subject.
RAF but to renew funds of legitimate claims
Discovery Well being CEO Dr Ron Whelan stated on Monday that the RAF has thus far not resumed funds of legitimate claims to medical scheme members regardless of the clear place of the courts declaring illegal the RAF’s directive to halt funds of medical scheme members’ legitimate claims.
Whelan stated this place adopted by the RAF is believed to be in direct breach of the excessive court docket ruling enforced by the Supreme Court docket of Attraction and the Constitutional Court docket.
This can be a reference to a judgment handed down on 27 October 2022 by Choose Mandla Mbongwe, which declared illegal the RAF directive issued on 12 August 2022 and the RAF unsuccessfully making use of to each the Supreme Court docket of Attraction and Constitutional Court docket for go away to attraction this judgment.
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Whelan added on Monday that given the RAF’s “regarding conduct” on this regard, Discovery Well being was sadly left with no different however to resort to searching for an order declaring the RAF and its CEO in contempt of court docket.
He confirmed that the appliance was partly heard within the Excessive Court docket in Pretoria earlier this month.
Whelan stated that following opening submissions made by Discovery Well being’s counsel and the reply by RAF counsel, the presiding choose consulted the deputy choose president, who suggested {that a} resolution was made to postpone the listening to for it moderately to be heard in entrance of a full bench of three judges.
He stated Discovery Well being is presently awaiting a confirmed date for the total bench listening to.
Not the primary contempt of court docket utility in opposition to CEO
“It is very important be aware this isn’t the primary contempt of court docket utility in opposition to the RAF CEO [Letsoalo] in latest months,” stated Whelan.
“The CEO of the RAF was held in contempt of court docket on one other matter (Mazibuko v the RAF) on 12 October 2023.
“Importantly, Discovery Well being was not concerned on this matter by any means, and the 2 issues are completely unrelated,” he stated.
This can be a reference to Choose Elizabeth Kubushi within the Excessive Court docket in Pretoria on 12 October 2023 discovering Letsoalo to be in contempt of court docket for a court docket order issued on 29 January 2018.
Learn: RAF CEO could be jailed for contempt of court
This order is expounded to a declare submitted to the RAF accidentally sufferer Nelson Cebiso Mazibuko from Kabokweni within the Nsikazi district in Mpumalanga.
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Choose Kubishi ordered that Letsoalo be dedicated to imprisonment for contempt of court docket for 3 months, suspended for one 12 months, given that he complies with the order granted on 29 January 2018 inside 15 days from the date of service of her order on this matter.
Letsoalo informed Moneyweb shortly after this judgment was issued that he didn’t know something about this contempt of court docket matter and that the attorneys should “show the place they really served me any papers”.
He stated the RAF would apply for a rescission of this order as a result of neither he nor the RAF is conscious of it.
Writs
In an utility to the Excessive Court docket in Pretoria heard final 12 months for a keep of execution of writs issued to the Sheriff of the Excessive Court docket, the RAF once more unsuccessfully made the argument that it shouldn’t be responsible for the previous medical bills of an individual injured in a street accident the place the injured particular person is a member of a medical scheme
The writs allowed the Sheriff of the Excessive Court docket to take away and promote the property of the RAF at its Centurion head workplace as a result of the fund did not obey excessive court docket judgments and orders to pay 62 victims of motorized vehicle accidents a complete of R33.6 million.
Learn:
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Appearing Choose Irene de Vos earlier this 12 months, on the RAF’s request, supplied the explanations for the dismissal of the RAF’s utility with prices on a punitive scale.
The RAF urgently introduced the appliance to remain the execution of those writs pending functions to rescind the court docket orders, which at the moment it had but to launch.
Choose De Vos stated the court docket was being offered with an pressing utility premised on an argument rejected by the Supreme Court docket of Attraction, in opposition to the tide of 10 years of precedent in South Africa’s courts, a deviation from authorized precept “and three present judgments on this actual level”.
Learn: New RAF board faces threat of being declared delinquent
She stated the RAF utility was additionally the second pressing keep introduced by the RAF in opposition to the very same writs, including that the RAF has not cured the defects within the case it misplaced earlier than Choose Norman Davis.
Wolmarans Integrated Attorneys MD Gavin Roberts, attorneys for the 62 RAF claimants, stated on Monday the RAF needs to take this matter on attraction, and the appliance for go away to attraction is scheduled to be heard in April this 12 months.
Roberts stated the irony of this matter is that the RAF misplaced when its utility was heard earlier than Choose Norman Davis and the fund deserted a deliberate attraction in opposition to his judgment when the Constitutional Court docket judgment was printed.
Within the interim, Roberts executed a writ and offered RAF property, recovering half of the quantity owed on these circumstances, he stated.
Learn:
RAF called out for having ‘thrown mud’ at Sunshine Hospital
RAF could save billions by rejecting ‘opportunistic’ loss of income claims
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