Road Accident Fund v Khathutshelo Gladys Masindi

The respondent instituted a claim for damages against the Road Accident Fund (RAF). The RAF raised a special plea of prescription under section 23(3) of the Road Accident Fund Act 66 of 1956, as amended, contending that the claim had prescribed after five years. The dispute arose because the final day of the five-year prescription period, calculated strictly, fell on a day when the court was closed, making it impossible to issue and serve summons on that day. The Gauteng Local Division of the High Court dismissed the special plea, and the RAF appealed to the Supreme Court of Appeal.

The appeal by the Road Accident Fund was dismissed, and the dismissal of the special plea of prescription by the High Court was upheld.

The case clarifies the computation of prescription periods under the Road Accident Fund Act and confirms that statutory time limits do not expire on days when courts are closed. It reinforces an interpretation consistent with access to courts and aligns South African law with persuasive English authority on time computation.