MABUNDA INC & OTHERS V RAF

The LSSA was an amicus in Mabunda Inc & Others v RAF, relating to the decision by the Road Accident Fund (RAF) to dispose of their panel attorneys. Judgment was delivered on 1 June 2020 in favour of the applicants.

In her judgment at the Gauteng High Court (Pretoria), Judge Wendy Hughes ruled that there should be a six-month reprieve for the 103 attorneys. The attorneys sought the decision of 18 and 20 February calling on the panel to hand over their current files be reviewed and set aside as constitutionally invalid, along with the cancellation of the tender and the RAF’s decision to dispense with the services of the panel from 1 June.

Judge Hughes noted that the RAF had failed to demonstrate the rationality of the decisions it has taken and decided it was necessary to retain the status quo for at least six months with the panel attorneys’ present contractual relationship. ‘This will enable the RAF to reconsider its position and retain the social responsibility net in place protecting the public,’ Judge Hughes said.

The RAF was ordered to fulfill all its obligations to the attorneys in terms of the existing service level agreement. It was also ordered to pay the costs of the review applications on a party and party scale, jointly and severally, such costs to include the costs of two counsel for each legal team where so employed.

The RAF has filed an application for leave to appeal to the SCA.