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However, the employer did not seek to recover; the appellant did not obtain a cession; and the appellant did not sue in the name of the insured but in its own name. This, and only this, non-compliance with the subrogation doctrine was, according to the respondent, fatal to the appellants claim, and the court below agreed. 11 During argument the question was raised whether the rule that the insurer must sue in the name of the insured forms part of our law and, if so, whether it could be justified. The answer requires a consideration of the history of the reception of the English law of subrogation, the nature of the rule that a subrogated claim must be brought in the name of the insured, and a reflection of whether the rule requires adaptation. 12 Lord Hoffman once said that the subject of subrogation is bedevilled by problems of terminology and classification which are calculated to cause confusion. Bearing that in mind, it is useful to commence the discussion with the following extract from the chapter in Lawsa on insurance: In its literal sense the word subrogation means the substitution of one party for another as creditor.

This implies that employers do have a liability under coida although the nature and extent of their liability is not spelled out. The implication is that the liability is borne by either the director-General or the mutual association. (The position of the employer get individually liable as currently defined does not require consideration.) Although the employee is the only person entitled to benefit under the insurance policy (he, and only he, receives compensation) the legal effect of all this is that the employer. 8 reverting to s 36(1 b it provides, as mentioned, that either the director-General or the employer by whom compensation is payable may institute action against a third party for the recovery of compensation. The emphasised words would obviously include an employer individually liable but they go wider. They also include an insured employer. But they do not include a mutual association. This means that although the insured employer does not pay, he is entitled to recover, obviously on behalf of the insurer. 9 I accordingly agree with the respondents counsel who argued that an employer who obtains a policy of insurance for the full extent of its liability under coida is exempted from paying assessments to the director-General; that a mutual association is nothing other than an insurer;. 10 The insureds indemnity claim has been paid in full. The insured employer was accordingly entitled to recover from the respondent, not only by virtue of s 36(1 b but also under ordinary legal principles.

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This is because even an uninsured employer or one who had failed to pay contributions to the commissioner had no potential liability towards the employee under the Act. An employer who had failed to pay the required contributions may have had to pay a penalty but even then no common-law or statutory liability towards the employee arose (s 72). 6 These inconsistencies were not only carried over to coida but were in a sense exacerbated. This is because coida distinguishes between employers reviews individually liable (consisting of government organs) on the one hand and, on the other, employers who have obtained from a mutual association a policy of insurance for the full extent of their potential liability (s 84(1). Liability is no longer attached to an employer as in the 1941 Act; instead it is attached to either the director General (who replaced the commissioner the employer individually liable or the mutual association (s 29, 61, 62). The employer is also not liable to the employee unless the liability arises under coida (s 35). 7 However, coida provides (as mentioned) for insurance of employers against their liabilities to employees in terms of this Act by a mutual association (s 30(1) and (2).

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The term employer individually liable was defined to mean an employer who was exempt from paying contributions to the accident fund (s 2). There were two types of employers individually liable, namely the state and certain other authorities and, secondly, employers who had, with the approval of the commissioner, obtained from a mutual association a policy of insurance for the full extent of their potential liability under the. Compensation was payable irrespective of the common-law liability of the employer (i e, irrespective of negligence) and the Act thereby increased the rights of the employee but, on the other hand, the right to compensation substituted all other remedies the workman may have had desk (s. The commissioner or the employer by whom compensation was payable had a right of action against the third party for the recovery of the compensation they were obliged to pay (s 8(1 b). The Act was ambivalent about who had to pay compensation. In some instances it had to be either the commissioner or the employer individually liable (e.g. S 40(2 s 46(2 s 48, s 90) while in other circumstances it was either the employer individually liable or the mutual association (s 63). However, the Act also said that the association, that had to insure employers, had liabilities under this Act (s 95(5). 5 It is difficult to conceptualise the liability of the employer towards the employee which could be insured against.

He accordingly submitted that we should by some or other process of interpretation hold that the phrase employer by whom compensation is payable includes a mutual association by whom compensation is payable. The argument was premised on the proposition that a mutual association would otherwise be without a right of recourse against a wrongdoer. In support of this, counsel argued that the employer in casu was not one by whom compensation was payable. Accordingly, he said, the employer had nothing which it could cede to the plaintiff and that subrogation does not apply. As I shall seek to show, since the premise is false, the conclusion is also false. 4 to understand the argument and my conclusion it is necessary to turn to the repealed Workmens Compensation Act 30 of 1941, the precursor of coida. Under that Act, compensation had to be paid to any workman entitled thereto either (a) by the employer individually liable, or (b) by the commissioner (s 37).

Rand Mutual Assurance company Ltd

unisa thesis binding

V rand Accident Fund (484)

It is, for purposes of the compensation for Occupational Injuries and Diseases Act 130 of 1993 (coida a mutual association, which the means that it review is licensed to carry on the business of insuring employers against their liabilities under coida to employees (s 30(1). In that capacity it insured a company (presumably harmony gold Mining co ltd). An employee of the insured, one young, was injured in a motor vehicle accident, which was caused by the negligence of the driver of another vehicle, one maziya. The accident arose out of and in the course of youngs employment. Young was consequently entitled to the benefits provided for in coida (s 22(1). Because of the insurance policy the appellant, and not the director-General, was obliged to compensate young in the sum of R191 078,85 as determined in accordance with coida by the director-General.

2 The respondent, the road Accident Fund, is liable for the damages caused by maziyas negligent driving. The appellant sought to recover the compensation paid to young from the respondent, relying on the provisions of s 36(1 b) of coida, which provides in essence that if an occupational injury was caused in circumstances resulting in a third party (in this case the. 3 The appellant is not an employer. Accordingly, it was not covered by the wording of the provision although it was a party by whom, in terms of coida, compensation was payable. This, said its counsel, was more than unfair because the appellant is entitled to be in the same position against third parties as are the director-General or the employer by whom compensation is payable.

Note: the living stipend need to be in the form of an externally funded scholarship administered through the University or agreement with a sponsorship body or organisation. All applications will be assessed against the Universitys Research Degrees Scholarship Allocation guidelines: Competitive commonwealth and University of south Australian funded scholarships. How to apply you can apply for an International Research tuition Scholarship at any time of the year. Applications must be made online via the Universitys Apply Online facility. The supreme court of appeal, of south africa, case no: 484/07.

Rand mutual assurance company limited appellant and, road accident fund Respondent, neutral citation: Rand Mutual Assurance company Ltd v road Accident Fund (484/2007) 2008 zasca 114 (25 september 2008). Coram: harms adp, scott, jafta jja, leach and kgomo ajja. Heard: 12 september 2008, delivered: 25, september 2008, corrected: Summary: Insurance subrogation right of insurer to sue wrongdoer in own name compensation for Occupational Injuries and Diseases Act 130 of 1993 s 36(1). On appeal from: High court, Pretoria (laassen J sitting as court of first instance). The appeal is upheld with costs. The order of the court below is substituted with the following: (a) Judgment for the plaintiff in the sum of R 191 078,85 with 15,5 interest a tempore morae. (b) The defendant is to pay the costs including the preparation fee of Dr du Plessis and Ms Vos. Judgment, harms adp (scott, jafta jja, leach and kgomo ajja concurring) 1 The appellant, rand Mutual Assurance company Ltd, is an insurer.

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These scholarships can only be taken at this university. Are you eligible to apply for a scholarship? (includes admission selection and plan scholarship application guidelines value tuition fees plus a living allowance of at least 27,082 per annum (2018 stipend rate). Enquiries Graduate research Team Tel: Fax: Email: Closing dates Closing date: 31 August How to apply Apply online International Research tuition Scholarship (irts) International Research tuition Scholarships (irts) are awarded to international candidates on the basis of academic merit and demonstrated research capability, and who will. Value the irts will cover the international tuition fee for 3 years (plus a possibility of a 6 month extension) for a phD student and the international tuition fee for 2 years for a research masters student. The scholarship does not cover overseas health cover and applicants are responsible for ensuring they have visa length overseas health cover for themselves and, if applicable, their family. Eligibility In addition to meeting wood UniSAs eligibility criteria, applicants must be: Commencing international research degree students High quality with demonstrated research capability be supported by a strong supervisory panel(with end-user adviser on the supervisory panel, where appropriate and be enrolled in a research-rich environment.

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amended depending on the source of the living allowance; any offer made will detail the benefits and conditions that apply. Travel expenses are not covered by the scholarship. Benefits and conditions, the ups scholarship benefits and conditions will be sent with an offer of scholarship and you should read them carefully prior to signing an acceptance form. Scholarship Benefits and Conditions - International Research Degree Students (pdf file, 408 kb) apply to all people who accept offers from the University of south Australia for the rtp international scholarship or Unisa president's scholarship. Eligibility, you must have a university of south Australia supervisor willing to nominate you for consideration and outstanding academic records, and be a citizen of an overseas country eligible for entry to australia for the time required to complete the research degree. Ups are nearly always given to doctorate by research candidates but can be given to masters by research candidates in some cases.

Eligibility, are you eligible to apply for a scholarship? (includes admission selection and scholarship application guidelines value, at least 27,082 per annum (2018 stipend rate) for 3 years, with the possibility of one six-month extension (2017 stipend rate). Enquiries, graduate research team, tel:, fax. Email: Closing dates, closing date: 31 August, how to apply. Apply online, university President's Scholarships (ups university President's Scholarships are awarded on the basis of academic merit. A ups will cover tuition fees and Overseas Student health dark cover (oshc). The living allowance must be provided by the University of south Australia centre, school, division where an applicant has applied.

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The University of south Australia offers the following scholarships to international applicants. Research Training dubai Program international (rtpi) Scholarships, research Training Program international (rtpi) Scholarships are funded by the australian government and awarded to international candidates on the basis of academic merit and research potential. An rtpi scholarship will cover your tuition fees and your overseas Student health cover (oshc and provide a stipend (living allowance but will not pay for travel expenses. A thesis allowance is funded to cover the cost of printing and binding the thesis. More information on the research Training Program can be found here. Benefits and conditions, applicants must read the. Scholarship Benefits and Conditions - International Research Degree Students (pdf file, 408 kb) before signing the declaration at the bottom of the application form. These conditions apply to all people who accept offers from the University of south Australia for the rtpi scholarship or Unisa president's scholarship. Higher Degree by research Scholarships and Prizes policy.

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