AmendmentAct

• •
'\
'.
5/2/2012
(d) in subsection (6), by deleting the word "compensation" where it first occurs in
that subsection and, replacing it with the word "benefits" where it occurs in the
proviso to that subsection;
Amendment of section 16
20. Section 16 ofthe principal Act is amended by deleting the words "for compensation".
Replacement of section 17.
21. The principal Act is amended by replacing section 17 with the following new section 17-
"SMVA Fund's right of recourse
17. Notwithstanding the provisions of any other law, where the SMVA Fund has paid
any sum as a benefit in terms of this Act, it shall have the right to recover such sum from
the person who caused the motor vehicle accident giving rise to the claim in question, . if
at the time of such vehicle accident that person -
(a)
was under the influence of intoxicating liquor or drugs to such an extent as
to be incapable of having proper control of a vehicle;
(b)
was driving the vehicle recklessly;
(c)
was driving the motor vehicle without being the holder of a valid driving
licence;
(d)
was driving a defective vehicle and such defect caused or contributed to
the cause of the vehicle accident;
46