Special Investigating Units and Special Tribunals Act, 1996
R 385
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. |
