Mail & Guardian Reporter
TRANSPORT Minister Mac Maharaj kicked off a two-day conference with lawyers and interest groups on the future of state accident insurance designed to fuel debate on the issue by laying down the law and singling out lawyers who had attacked his proposals.
In a manner described by attending lawyers as “pretty uncompromising” , Maharaj said he had decided to “abrogate the common law right” (to sue the negligent driver for damages above what the state accident fund would provide) from the new system. The words sent a chill through lawyers whose livelihood depends on third party accident work – a livelihood under threat from Maharaj’s plans for a “no fault” scheme. Victims’ interest groups have also expressed fear Maharaj’s proposals, which include severe caps on damages, will undermine victims.
Maharaj says he will now draft another White Paper. His new proposition is a two-tier system which will mean “no fault” for expenses immediately following accidents, but that victims will be able to litigate — within the limits set on damages.
It is unlikely any new legislation will be drafted in the next 12 months, particularly since Maharaj has promised further consultation. This should mean more confrontation. Lawyers said he continually reminded the meeting he had been a guerrilla for 30 years, which gave him his mandate.