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LPL4802 PORTFOLIO Semester 2 2023 OCTOBER NOVEMBER Due Date: 27 October 2023
Answers for LPL4802 Exam OCTOBER / NOVEMBER Portfolio
DOCUMENT PREVIEW
QUESTION 1
a.
In the case of Nemangwela v Road Accident Fund1, the court had to determine whether a forklift could be considered a motor vehicle for the purposes of claiming damages from the Road Accident Fund (RAF). The court ultimately disqualified the forklift as a motor vehicle, thus denying the claimant the ability to seek compensation from the RAF. In order to critically appreciate and analyze the court’s reasoning, it is necessary to examine the relevant case law and legislation utilized in reaching this decision.
The court’s reasoning for disqualifying the forklift as a motor vehicle rests primarily on the interpretation of the definition of a ‘motor vehicle’ as provided in the Road Accident Fund Act 56 of 1996 as amended. The Act2 defines a motor vehicle as “any self-propelled vehicle designed for use on a road and not exclusively designed for use as a tractor, implement or industrial machine.” The court found that the forklift, while self-propelled and designed for use in an industrial setting, did not meet the requirement of being designed for use on a road.
vickz55 –
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Bienne87 –
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