The proposed withdrawal of the right to sue for damages against a person responsible for a car accident has drawn opposition from the legal fraternity. This would be irrespective of negligence or other wrongful conduct of the person responsible for an accident. The contentious proposal is in the Road Accident Fund Benefits Scheme Bill. "The problem with that approach is that it tends to insinuate that the purpose of the scheme is to protect the wrongdoer rather than the victim of the road accident," the Black Lawyers Association said in a submission to the transport committee during recent public hearings on the bill. It did not believe the withdrawal of the right to sue for damages would pass constitutional muster. "There is no basis whatsoever why a person who will intentionally assault or kill another human ... will be spared from a civil claim for pain and suffering or loss of support by the victim or dependants of the victim," argued association president Lutendo Sigogo. The ai...
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