Moloi and Others v Road Accident Fund

The three appellants, acting as mothers and natural guardians of their minor children, instituted claims against the Road Accident Fund (formerly the Multilateral Motor Vehicle Accidents Fund) for bodily injuries suffered by their children in a collision with an unidentified motor vehicle on 30 September 1994. The claims were delivered to the Fund in October or November 1996, more than two years after the accident. The Fund raised a special plea that the claims had prescribed under regulation 3(2)(a)(i) of the Multilateral Motor Vehicle Accidents Regulations, 1989, which required claims in unidentified vehicle cases to be lodged within two years, and regulation 3(2)(a)(ii), which purported to apply this period irrespective of legal disability. The appellants contended that prescription does not run against minors under sections 13 and 16 of the Prescription Act 68 of 1969 and that the regulation was ultra vires.

The appeal was upheld with costs, including the costs of two counsel. The order of the High Court was set aside and replaced with an order dismissing the defendant’s special plea with costs.

The case clarifies that subordinate legislation under the Multilateral Motor Vehicle Accidents Fund Act cannot override the protective provisions of the Prescription Act in respect of minors. It affirms limits on ministerial regulatory power and reinforces that unconditional statutory liability under article 40 of the Agreement cannot be curtailed by regulation. The decision is important for prescription law, administrative law, and the protection of minors’ claims in road accident litigation.