Times Of Swaziland: STUDENT INJURED IN HIT AND RUN CHALLENGES MVA ACT

STUDENT INJURED IN HIT AND RUN CHALLENGES MVA ACT
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BY MBONGISENI NDZIMANDZE  on 09/11/2018 01:34:00


MBABANE – The Motor Vehicle Accidents Act of 2011 will be put under scrutiny.
A University of Eswatini (UNESWA) student, who was involved in an accident,
wants the court to declare the portion of the act which requires one to
indentify the motor vehicle or owner to be unconstitutional.
Muzikakababa Sibiya decided to seek legal recourse after the Sincephetelo Motor
Vehicle Accident Fund allegedly refused to compensate him on the basis that
neither the owner nor the motor vehicle driver’s identity could be
established.
First respondent in the matter is the Minister of Finance and Sincephetelo Motor
Vehicle Accident Fund is the second.
Sibiya wants the court to declare Section 11 of the Motor Vehicle Accidents Act,
2011 to be inconsistent with the Constitution and invalid.
unreasonably
He averred that this Act should be declared invalid on the grounds that it was
arbitrary, irrational and unreasonably impeded road accident victims’
liability to enforce their statutory right to compensation, to an extent that it
required someone who had been in comma as a result of a motor vehicle accident
to be able to identify the third party.
“I respectfully state that I bring this application because, not only do I
seek  claim for damages; in essence, I seek to vindicate my right to  dignity as
guaranteed under Section 18 of the Constitution,” submitted Sibiya.
Giving a background of the matter, Sibiya submitted that on October 5, 2013 at
around 8pm near Luyengo, he was walking with his friend Bongani Magagula.
He said at the time he was a third year BSc. Animal Science student.
The applicant (Sibiya) alleged that on the day in question, they were from
UNESWA Luyengo Campus for a choir practice, as they were both members of the
Students Christian Movement. “I do recall that I and my friend (Magagula) were
walking to our flat as we were staying off campus and there was light drizzle
accompanied by a mist. I humbly state that Magagula now stays in Pretoria,
submitted the applicant (Sibiya).