The High Court in Pretoria has ruled a Road Accident Fund (RAF) Board Notice unconstitutional, unlawful, and invalid, along with several management directives and a substituted claims form. These measures had led to the exclusion of motor vehicle collision victims from seeking compensation.
In its judgment, the court stated that the RAF had exceeded its authority by issuing the Board Notice without statutory authorization. Instead of streamlining claims, the notice created administrative obstacles, effectively preventing claims from being submitted and excluding victims from compensation. The judges also found that the RAF’s decisions and substituted claims form were neither authorized by the RAF Act nor connected to its purpose.
The court declared a specific regulation, known as Regulation 7(1), unconstitutional and set it aside. It also reviewed and set aside several RAF decisions and notices, including a management directive and Board Notice, which imposed strict requirements for claims submission.
The judges ordered that any claims rejected by the RAF between March 8, 2021, and June 15, 2021, due to non-compliance with these directives and notices be considered null and void. Claimants whose claims were previously rejected during that period were granted six months to resubmit their claims in accordance with the RAF Act. The RAF is obligated to inform all affected individuals of these terms.
This legal action was initiated by nine applicants who either suffered injuries in road accidents or provided medical services to such individuals. The RAF has been instructed to cover the costs incurred by these applicants.
The court emphasized the importance of proper consideration and consultation before imposing new requirements for claims submission. They noted that the RAF Board’s creation of a sub-committee to decide on these issues lacked legal authority.
Furthermore, the judges stressed that the claims form must now fully comply with the RAF Act, including the submission of specific supporting documents. Failure to meet these requirements would result in the RAF not acknowledging receipt of the claim, summarily imposing conditions for claim submission.
During the period from March 8, 2021, to June 15, 2021, the RAF refused to acknowledge or accept certain claims, affecting the time limits for submitting claims as outlined in the Act.
In conclusion, this court ruling has declared several RAF measures unconstitutional and invalid, providing an opportunity for excluded claimants to resubmit their claims in line with the law. The RAF’s actions had unfairly hindered the claims process, but this judgment seeks to rectify the situation.
