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Minister of Safety and Security v Road Accident Fund
''Minister of Safety and Security v Road Accident Fund and Another''〔2001 (4) SA 979 (N).〕〔Case No. 1171/88.〕 is an important case in the South African law of delict. It was heard in the Natal Provincial Division on November 17, 2000, with judgment handed down the same day. GM MacKenzie was counsel, as State Attorney, for the plaintiff; CJ Hartzenberg SC appeared for the first defendant. There was no appearance for the second defendant. The presiding officer was Combrinck J, to whom fell the adjudication of a stated case in an action for damages arising from a motor vehicle accident.
The case concerned a claim for compensation in terms of the Motor Vehicle Accidents Act〔Act 84 of 1986.〕 The question was whether or not the injuries resulting from the accident were "caused by or () aris() out of the driving of a motor vehicle" as contemplated in section 8(1) of the Act. Words "caused by" referred to the direct cause of the injury, while the words "arising out of" referred to the case where the injury, although not directly caused by the driving, was nevertheless causally connected with the driving, and where the driving was a ''sine qua non'' thereof. Some limitation, however, had to be placed on the application of the ''sine qua non'' concept: The court held that it ought to be guided by the object and the scope of the Act, and by notions of common sense. It was possible that, where the direct cause of the damage was some act antecedent or ancillary to the driving, such damage might be said nonetheless to have "aris() out of" the driving. The court would have to have regard to the facts of case and to apply ordinary, common-sense standards in determining whether or not there existed a causal connection between the damage and the driving sufficiently real and close to enable it to say that the death or injury had "aris() out of" the driving.
In the present case, the spillage of fuel from a stationary vehicle onto the road surface, as a result of the driver's attempt to rectify a fault in the fuel system, that he might continue driving, had caused other vehicles to skid on the fuel and collide, resulting both in injuries and in deaths. These the court found to have "aris() out of" the driving of the truck, notwithstanding the fact that the truck was stationary at the time of the accident.
== Facts ==
A collision had occurred between two vehicles when one of them skidded on diesel that had spilled from a truck belonging to the second defendant. The truck had broken down alongside the road. It appeared that, after the truck had broken down, the driver, supposing that there was a problem with the vehicle's fuel supply, opened a stopcock, which permitted diesel fuel to flow into the main fuel tank from another tank. He also opened the filler cap of the main fuel tank, to inspect its interior. Thereafter he not only omitted to close the stopcock, but also omitted properly to replace the filler cap. As a result, diesel escaped from the main fuel tank onto the road surface, thus causing the accident. One person suffered injuries and another died as a result of the accident.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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