Whisky and Double are married and domiciled in South Africa. Some time ago, they
decided to take a trip to Victoria Falls in Zimbabwe. They travelled with a friend (Rocks)
and used their “4X4 by far” being registered in Gauteng. Rocks did not pay anything
for the trip. Whilst touring Zimbabwe, Whisky drives negligently into a donga and
Rocks was seriously injured when flung out of the vehicle. Assume that according to
Zimbabwean legislation, no passenger (being transported free of charge) will have a
claim against the negligent driver of a vehicle once injuries have been sustained in a
motor vehicle accident. Had the accident occurred in South Africa, Rocks would have
successfully claimed a delict. Advise Whisky and Rocks on the appropriate rule to be
applied in the set of facts and where to institute an action. refer to relevant case law and legislation
In this scenario, the accident occurred in Zimbabwe and Rocks was injured while being transported for free in Whisky's vehicle. According to Zimbabwean legislation, a passenger being transported free of charge does not have a claim against the negligent driver of a vehicle once injuries have been sustained in a motor vehicle accident. This means that Rocks would not be able to successfully claim a delict against Whisky in Zimbabwe.
However, if the accident had occurred in South Africa, Rocks would have been able to successfully claim a delict against Whisky for the injuries sustained. This is because in South Africa, passengers who are injured in a motor vehicle accident due to the negligence of the driver can claim compensation for their injuries.
Therefore, if Rocks wishes to pursue a claim against Whisky for the injuries sustained in the accident, he would need to do so in South Africa where the accident laws are more favorable to passengers in this situation. It is important to note that each country has its own laws and regulations regarding motor vehicle accidents, so it is essential to consult with a legal professional familiar with the laws of the relevant jurisdiction.