№ files_lp_4_process_3_137783
Supreme Court of Namibia appellate judgment examining a constitutional challenge to statutory compensation limits under the Motor Vehicle Accidents Fund Act and determining the legality of ministerial regulation and alleged discrimination against disabled persons.
Country: Namibia
Court: Supreme Court of Namibia
Case number: SA 89/2014
Parties: Alfred Mew Visser v Minister of Finance; Motor Vehicle Accident Fund; Europcar; Attorney-General
Type of document: Appeal judgment
Legal field: Constitutional law; personal injury compensation; administrative law
Related legislation: Motor Vehicle Accidents Fund Act 4 of 2001
Constitutional provisions considered: Articles 8 and 10 of the Namibian Constitution
Judges: Damaseb DCJ; Hoff JA; Frank AJA
Author of judgment: Frank AJA
Hearing date: 22 March 2017
Decision date: 6 April 2017
Subject matter: Constitutionality of statutory compensation caps and ministerial regulatory powers
Key issue: Whether compensation limits imposed by regulations under the Motor Vehicle Accidents Fund Act constitute unconstitutional discrimination or unlawful delegation of legislative power
Outcome: Appeal dismissed with costs
Price: 8 / 10 USD
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