On or about 20 February 2010 Mr Makutoana Simphiwe Robert, who was the father of 4 minor children and the husband to the plaintiff, was knocked over by a large industrial vehicle known as a “Reach Stacker”, which was being driven at or near the Multi-Purpose Terminal, Cape Town Harbour, Western Cape. The deceased was a pedestrian at the time of the accident.
The main issue in dispute before the court a quo was whether or not the “Reach Stacker” is a motor vehicle as defined in section 1 of the Road Accident Fund Act 56 of 1996 (The RAF Act), which defines a motor vehicle as “any vehicle designed or adapted for propulsion or haulage on a road by means of fuel, gas or electricity and includes a trailer, a caravan, an agricultural or any other implement designed or adapted to be drawn by such motor vehicle“.
Judgment was initially handed down by Judge Desai on 23 November 2017, wherein he found in the defendant’s favour, namely, that the “Reach Stacker” was not a motor vehicle as contemplated and thereby disqualifying the widow plaintiff and her minor children from recovering compensation for their loss of support, from the Road Accident Fund. After being granted leave to appeal this judgment, a Full Bench of the Western Cape High Court (Gamble, J, le Grange, J & Sieverson, AJ) found in the widow’s favour and overturned the judgment of the court a quo. The Road Accident Fund thereafter sought and obtained leave to appeal to the Supreme Court of Appeal, where ultimately a Full Bench of the SCA dismissed the appeal, finding that the “Reach Stacker” was indeed a motor vehicle as contemplated by the Road Accident Fund Act.
For a copy of the full judgment click here.
