Case name:
Oosthuizen v Road Accident Fund [2011] SCA 118

Area of law: 
Constitutional Law – section 173

Brief Facts/Summary:
This was an appeal against a judgment handed down in the North Gauteng High Court, dismissing the Appellant’s application to have his civil case transferred from the Magistrate’s Court to the High Court.

The Appellant (Oosthuizen) sustained serious bodily injuries as a result of a motor accident in March 2003. A year later the appellant issued summons against the Respondent (RAF) in the Magistrates Court. After this the appellant obtained 2 medico-legal reports which indicated that the Appellants future loss of earnings to be in excess of R100 000.00 and thus beyond the jurisdiction of the Magistrate Court. 

The High Court held that there was in fact no statutory provision or a rule in the High Court or Magistrates Court which permitted a transfer at the Plaintiff’s request from the Magistrate Court to the High Court. Furthermore by the time that the Application had been made to transfer the matter it had subsequently prescribed.

The Appellant then took the matter on appeal to the Supreme Court of Appeal. The SCA held that whilst the Magistrates Court allows for a Defendant to request a transfer there is no section or rule which allows for a Plaintiff to do the same. A Plaintiff chooses the forum in which to litigate and must bear the consequences thereof.

The Appellant further attempted to rely on the inherent jurisdiction of the High Court to rescue the situation. The Appellant argued that section 173 of the Constitution was applicable in this case by contending that the High Court is entitled and indeed compelled to come to the Appellant’s assistance by exercising its inherent jurisdiction to regulate its own process.

The SCA held that Section 173 does not give any of the courts mentioned therein, including the High Court, carte blanche to meddle or interfere in the affairs of inferior Courts.

Importance/value:
This case is important as it establishes that the High Court, SCA and Constitutional Court may not in fact use section 173 of the Constitution to condone the transfer of an action between Courts and particularly it does not provide the power with which to interfere in matters in the lower courts.

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