My most recent survey of attorneys, with regard to what they expected the Constitutional Court to find to be in the challenge on the new Road Accident Fund Act, was interesting as always. 95% of attorneys think the Law Society of SA will win the common law aspect of the challenge while only 23% believe that we will win all the other aspects of the challenge. 77% indicated that they did not know, until the hearing, that the general damages aspect of the challenge was not proceeded with before the Constitutional Court. That will obviously have to be saved for another day, either by the Law Society or an attorney. 62% think that the judgment will take about three months to be delivered, while 33% went for one month and only 3% said in two weeks’ time.
What was interesting however is that only 5% of attorneys on my newsletter list actually attended the Constitutional Court hearing and of that 5%, 50% feel that we will win the common law challenge and 50% believe that we will not. In other words, those who did attend the hearing, are not as optimistic as those who did not attend the hearing.