The Law Society of SA (LSSA) plans to challenge the Road Accident Fund Amendment Act's constitutionality in the High Court in Pretoria on Monday, a spokeswoman said on Thursday.

Barbara Whittle said the LSSA, joined by 10 other applicants, believed the act was unconstitutional as it removed road accident victims' common-law right to claim for fair compensation from the wrongdoer.

It also provided that only persons who suffered from "serious" injuries were entitled to claim general damages from the Road Accident Fund (RAF).

Legitimate claims excluded

This excluded many claimants who might have suffered severely debilitating injuries from qualifying from claiming any compensation for pain and suffering and disfigurement from the RAF.

The act also capped a claimants claim against the RAF for past and future loss of income or support to R160 000 per year and restricted compensation for emergency treatment to a reduced tariff.

"(This) will be insufficient reasonably to ensure that accident victims will obtain emergency medical care where they need it," said Whittle.

In addition to this, the act limited claims for hospital and medical care to provincial hospital tariffs.

Breach of rights

"This breaches road accident victims' right to security of their person, the right to an appropriate and effective remedy for breaches of that right, as well as the obligation of the state to respect, protect, promote and fulfil those rights," said Whittle.

Whittle said the LSSA would submit the act was in violation of section 38 of the Constitution.

"No justification has been given for the deprivation or limitation of these rights and this is accordingly not justifiable in an open and democratic society based on human dignity, equality and freedom," she said.

The case is expected to start with applications by the ministers of health and finance to intervene as parties on the side of the respondents, the minister of transport and the Road Accident Fund.