Discovery Health had an 'overwhelming case' against the Road Accident Fund (RAF) and its CEO Collins Letsoalo showing it was clearly in breach of a 2022 court ruling that the fund was not allowed to withhold payments for past medical expenses from road accident victims who had been paid out by their medical schemes.
This was the submission of Advocate Wim Trengove, on behalf of Discovery, at a special court hearing seeking to hold the fund and Letsoalo to account.
While initially Discovery, in its application before Gauteng Judge President Dunstan Mlambo and judges Ingrid Opperman and Noluntu Bam on Thursday, were seeking orders of contempt of court, Trengrove said it was now only seeking an order of 'breach' and to compel compliance.
He said this would give Letsoalo a further opportunity to 'have his say' as to why he should not be found in contempt and possibly jailed for it.
In 2022, Judge Mandla Mbongwe ruled in the Pretoria High Court that a new directive effectively refusing to pay for past medical expenses of those claimants already paid out by medical aids was unlawful.
