The Road Accident Benefit Scheme Bill is being Promoted Unlawfully

May 19, 2017 | Blog

We have received the following update regarding the Road Accident Benefit Scheme Bill from APRAV:

Since early 2017 it became clear that the RAF leadership and the Department of Transport is attempting all in their power to ‘promote’ the RABS Bill as quickly as they can. The problem is that they are trying to achieve this without following the legally required processes of Parliament, Treasury, NEDLAC, or proper and meaningful consultations with the Portfolio Committee on Transport and the industry. They are also not being honest with the public.This was proven again by

  • the issuing of tenders relating to RABS (an unapproved Bill, a long way from being an Act),
  • the multi-million Rand ad campaign to promote direct claims and the RAF-on-the-Road (in lieu of RABS);
  • the appointment of over 200 full-time staff (to prepare for RABS);
  • and least of all, the recent publication of a notice in the Government Gazette dated 18 April 2017, No. 40788, relating to NOTICE OF INTENTION TO INTRODUCE THE ROAD ACCIDENT BENEFIT SCHEME BILL, 2017 INTO PARLIAMENT IN TERMS OF THE RULE 241(1) (b) OF THE NATIONAL ASSEMBLY.

In addition, the Minister of Transport hereby, in terms of National Assembly Rule No.241(1) (b) intends introducing the Road Accident Benefit Scheme Bill, 2017 (“the Bill”) in Parliament during 2017. The Bill and its Explanatory Memorandum were published for a comment in Government Gazette No. 36138 dated 08 February 2013 (the initial Bill circulated with zero changes) and is called the Road Accident Benefit Scheme Bill, 2017.

WHAT DOES THIS REALLY MEAN?

That it seems as if the Department of Transport (and the RAF leadership):

  • has no intention to follow the parliamentary rules to enact this Bill into a law;
  • has no attention to abide by the Constitution;
  • has no intention to involve The Portfolio Committee on Transport in this matter;
  • has no intention to comply (or even intend to comply) with NEDLAC’s many concerns and questions;
  • is totally separating the RABS Bill from the intended National Health Insurance (which the Minister of Health indicated is still years away);
  • is planning to implement the RABS Bill without an agreed schedule of Tariffs with the medico-legal industry;
  • has no intention to publish an amended RABS Bill (even after the host of critical issues raised by the Portfolio Committee on Transport, NEDLAC and the Industry); and
  • has no intention to address any of the critical wide-ranging comments and inputs from all corners of the industry.

We (APRAV) can go on and on, but in short: The Department of Transport (and the RAF leadership) seem to have no regard for the Constitution, Parliament, the rule of law and most disturbing of all, are seemingly more than willing to mislead millions of South Africans, especially those who are most vulnerable. Thus, the Department of Transport (and the RAF leadership) are attempting to force through parliament an unconstitutional bill:

  • without the required research (not just ‘nice’ visits to a few countries), but as was recommended by the Satchwell Commission;
  • take no consideration of any input;
  • without proper public or industry consultations (not the superficial attempt made by the Department of Transport!);
  • without following due parliamentary process or compliance with the laws of the country;
  • without alignment with other social security legislation.

One can only help but ask, WHY…?

KEY OUTCOMES FROM THE PORTFOLIO COMMITTEE ON THE TRANSPORT MEETING HELD ON 28 FEBRUARY 2017:

  1. An oversight investigation will be conducted by the Portfolio Committee, to fully understand all the issues raised re the RAF.
  2. A more detailed Special Portfolio Committee will be held to discuss the issues in-depth.
  3. The suggested amendments to the current RAF Act should stand over, until 1 and 2 are completed. All of these are on the record and must still take place!

AT A PORTFOLIO COMMITTEE OF TRANSPORT HELD ON 09 MAY 2017, THE FOLLOWING FURTHER OUTCOMES WERE ACHIEVED, RELATING TO THE RABS BILL

  1. The RAF has been ordered to withdraw the two tenders related to the RABS as this constitutes “fruitless and wasteful expenditure”. This will be the most significant ‘pull-back’ relating to the RABS Bill.
  2. The Portfolio Committee also gave a clear instruction to the Department of Transport (and the RAF CEO) that any matter relating to the RABS Bill must occur with their knowledge and involvement! This is a significant ‘gate-keeper’ role that the Portfolio Committee will play henceforth, concerning the RABS Bill.

WE (APRAV) ARE STILL FOCUSSING ON THE FOLLOWING (SUMMARISING WHAT WE ARE ABLE TO PUBLICLY REPORT):

  1. We (APRAV) continue to focus on the key role playing bodies/organisations/persons (required by law steps to be followed!), involved in the decision-making process – to ensure that they are fully briefed.
  2. We (APRAV) are closely working within the Parliamentary process to counter the current unlawful attempt to ‘force’ the RABS Bill ‘into’ Parliament.
  3. We (APRAV) will continue to provide all Members of the Portfolio Committee on Transport (and other Members of Parliament involved) with analyses and information on the RAF and the RABS Bill. Now more than ever, especially in light of the outcomes from the 28 February and 09 May 2017 Portfolio Committee on Transport meetings.
  4. We (APRAV) will also continue to do the same with the newly appointed Minister of Transport. APRAV has already engaged him; and will continue to engage him.
  5. We (APRAV) are facilitating a flood of information, relating to the alleged unlawful conduct by the RAF and its leadership, to be shared with the relevant authorities, as part of the current investigation against the same.
  6. Lastly, options relating to legal remedies remain, as always, an option.

You have to act and get involved now!

Visit our updated website (to be launched on 29 May 2017) to register and make your voice heard!
www.aprav.co.za