This blog was co-authored by Mohammed Dada, Candidate Attorney.

In October 2024, the Supreme Court of Appeal decided that the Tribunal appointed by the Health Professions Council of South Africa (HPCSA) under the Road Accident Fund Act, 1997 (the Act) exceeded its powers by determining the causality of the claimant’s injuries, a function reserved for the courts. The Tribunal’s powers under the Act are limited to assessing the seriousness of the claimant’s injuries without making a determination on causality.

The principal issue before the court was whether the Tribunal exceeded its authority by addressing the causality between the claimant’s psychosis (injury) and the accident. The Tribunal decided that the cause of the claimant’s psychosis was substance abuse rather than the accident.

The court held that the Tribunal’s role is narrowly circumscribed to assessing the seriousness of the injuries and the task of determining the cause of the injuries is reserved for the courts. As a result, the determination by the Tribunal on the causality of the claimant’s psychosis exceeded its powers under the Act.

This judgment serves as a reminder that tribunals are usually statutory bodies that cannot exceed their powers, which are limited in terms of the empowering legislation.

Coughlan No v Health Professions Council of South Africa and Others (2024)