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Road Accident Fund Act, 1996 (Act No. 56 of 1996)

21. Abolition of certain common law claims

 

(1) No claim for compensation in respect of loss or damage resulting from bodily injury to or the death of any person caused by or arising from the driving of a motor vehicle shall lie—
(a) against the owner or driver of a motor vehicle; or
(b) against the employer of the driver.

 

(2) Subsection (1) does not apply—
(a) if the Fund or an agent is unable to pay any compensation; or
(b) to an action for compensation in respect of loss or damage resulting from emotional shock sustained by a person, other than a third party, when that person witnessed or observed or was informed of the bodily injury or the death of another person as a result of the driving of a motor vehicle.