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<< September 2009  | October 2009 |  November 2009 >>
RAF Annual report

The Road Accident Fund Annual Report is out and you can access it here

Posted by Michael de Broglio on Tuesday 13-Oct-09   |  Permalink   |  0 Comments  Comments
Crime stats

I see that the crime stats are out and are basically recording exactly what I personally experienced, which is that house robberies are up as are robberies of businesses. In fact, the business across the road from me, Limelight, was robbed this past weekend with the thieves apparently gaining access via the roof and that of course is on Jan Smuts Avenue. Nobody even seems to have noticed. One has to hope that one’s security guards actually are awake at the time that the criminals come, and at the very least press a button. One wonders about the fate however of many of the northern suburbs if house robberies continue to increase at the rate that they are at the moment as clearly there is going to be a much bigger move towards gated communities. From my point of view, I certainly won’t live anywhere but in a gated community ever again. I don’t want some nervous criminal, reeking of alcohol, holding me and my family at gunpoint one more time. 

Posted by Michael de Broglio on Wednesday 14-Oct-09   |  Permalink   |  2 Comments  Comments
Interview with Jacqui Sohn - part 1

The work involved must be immense and no doubt all you hear is “too long” and similar mumblings.  This must be impacting heavily on your practice?

I, personally, have had nothing but support from attorneys, including a flood of thank you e-mails after the final order in the DPS was granted in June 2009, most of which were from colleagues I had never even met. This was much appreciated.

I do not think that anybody who has looked at the Amendment Act application or has considered the scope of the amendments and regulations has any misperceptions as to the significance of the issues raised, the process that has to be followed and the time that this takes.

 And, yes, there have been many weeks, especially in July and August last year and from February this year that there has been little time for anything else.

Posted by Michael de Broglio on Tuesday 13-Oct-09   |  Permalink   |  0 Comments  Comments
Part 2 of the interview

The amended papers, supplemented with the documents you obtain from the RAF seem much stronger.   How do you feel about them?

The founding and supplementary affidavits must be read together. The issues raised are complex and far ranging and will, no doubt, continue to be developed as the application proceeds.

The intervention of seven co-applicants (whose applications and affidavits are on the LSSA website) has added a human dimension and a graphic depiction of the actual effects of the current legislation on their personal circumstances. This is thanks to the time and commitment of those practitioners whose clients applied to intervene.

I believe that the papers make out a strong case for the relief we seek in the amended Notice of Motion.     

Posted by Michael de Broglio on Thursday 15-Oct-09   |  Permalink   |  0 Comments  Comments
Jacqui Sohn interview with Michael - part 3

 When is the RAF expected to reply to our papers?

I am waiting for an answer to this question from our attorneys. I will advise as soon as we have some certainty.

Posted by Michael de Broglio on Friday 16-Oct-09   |  Permalink   |  1 Comment  Comments
Jacqui Sohn interview part 4

 Realistically, this is likely to go to the Constitutional Court one way or another.  There have been some suggestions the case could be heard late this year.  Are we not really looking at next year and most probably finalizing in 2011?

That is correct. We are hopeful that the case will be heard in the Gauteng North High Court in the first half of next year, although this is by no means certain. How long it will take from there to finalise I can not say.  

Posted by Michael de Broglio on Saturday 17-Oct-09   |  Permalink   |  1 Comment  Comments
Jacqui Sohn interview - part 5

How can attorneys out there help you or the cause?

Let us know of the practical problems they are encountering with the prosecution of claims under the Amendment Act and new Regulations. For example, the cost and/or the difficulty in getting either Form 1 medical reports or severe injury reports (Form 4) completed and/or requests by the RAF for “interrogations” and/or rejection of claims (Form 1 or Form 4) as not being in substantial compliance and/or rejection of lodgements for any reason, including being lodged at the “wrong” office.

Let us have any points or issues that they consider relevant that have not been raised in the papers so far.

Keep us advised of any developments in their own cases for clients under the Amendment Act and new Regulations which may have an impact on the application.

Posted by Michael de Broglio on Sunday 18-Oct-09   |  Permalink   |  4 Comments  Comments
Business crime up and up

This article on News 24, illustrates again how bad crime is becoming.  Fourno's in Dunkeld West allegedly hit 3 time sin the last 7 months.  Is it safe to go for coffee or breakfast on a busy Sunday mid-morning?

Posted by Michael de Broglio on Monday 19-Oct-09   |  Permalink   |  0 Comments  Comments

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