Road Accident Fund v Rampukar; Road Accident Fund v Gumede

Two separate actions for damages were instituted against the Road Accident Fund (RAF) in High Courts that lacked territorial jurisdiction under s 19(1) of the Supreme Court Act 59 of 1959. In Rampukar, the action was instituted in the Johannesburg High Court; in Gumede, in the Cape High Court. In both matters, the RAF raised a special plea of lack of jurisdiction, which was conceded. The respondents then applied under s 3(1)(a) of the Interim Rationalisation of Jurisdiction of High Courts Act 41 of 2001 for the matters to be transferred to High Courts with proper jurisdiction (Pretoria and Pietermaritzburg respectively). The High Courts granted the transfer orders, and the RAF appealed, arguing that courts without jurisdiction could not order transfers and that s 3(1)(a) was limited to cases affected by jurisdictional changes under s 2 of the Act.

Both appeals were dismissed with costs; the transfer orders made by the Johannesburg and Cape High Courts were upheld.

The decision authoritatively interprets s 3(1)(a) of the Interim Rationalisation of Jurisdiction of High Courts Act, confirming that High Courts without territorial jurisdiction may nevertheless transfer matters to the correct forum. It prevents litigants from losing claims due to technical jurisdictional errors and clarifies the relationship between s 3 of Act 41 of 2001 and s 19 of the Supreme Court Act.