President Robert Mugabe called for the lifting of "illegally imposed sanctions" on his
regime.
RAF decision needs time
Article By:
Wed, 06 Aug 2008 07:57
The dispute between attorneys and the Road Accident Fund cannot be
adjudicated in haste, Pretoria High Court Judge Willem van der Merwe
said on Tuesday.
"I know attorneys are unhappy and are up in arms about it, but we
all have to calm down," he said.
The judge postponed an application by attorneys Röntgen & Röntgen
Inc, seeking to declare invalid instructions to RAF staff to make
settlement offers directly to claimants.
The judge said the fund should be given time to properly respond to
the application and the court should look at the matter "calmly".
If needs be, this could even include a hearing before a full bench
of the court, depending on what happened to the case of the Law Society
of SA's urgent application about similar issues in the Cape High Court
later this week.
Van der Merwe said: "We can only do more harm than good by forcing
the application into the urgent court."
Attorney Konrad Röntgen Sr
told the court the Law Society's
application in the Cape had been placed on the roll for 8 August, but a
pre-trial conference had been arranged for a possible agreement on some
of the issues.
Röntgen's firm last week reached a provisional settlement with the
RAF that the fund would for now not pay out their thousands of clients
directly.
The fund this week also provisionally undertook not to negotiate
settlements with their clients directly.
Several other attorneys have also this week turned to the court to
stop the fund from making direct payments to their clients where the
clients had given them power of attorney to negotiate and receive
payments on their behalf.
Van der Merwe earlier on Tuesday granted an order by consent between
one claimant and the RAF in terms of which the Fund will have to pay a
settlement amount directly to the claimant’s attorneys, Gert Nel Inc.
A similar order was granted in favour of Pretoria attorneys
Savage
Jooste & Adams by another Pretoria High Court judge.
A Johannesburg High Court judge this week also granted three similar
orders, forcing the RAF not to pay amounts directly to claimants who
had legally appointed attorneys to represent them.