Abbreviationsacronyms agsa auditorgeneral of south africa amendment act raf amendment act, 2005 act no. The road accident fund amendment bill, 2017 gert nel inc. Amendment of section 1 of act 56 of 1996, as amended by section 125 of act 31 of 2005 1. The print subscription includes a free mobile version as well as updates for 12 months print and mobile. Due to financial pressures, the law that regulates the raf the road accident fund act 56 of 1996 was changed by the amendment act 19 of 2005 to make the fund more sustainable. The provisions discussed in this article affect persons injured in motor vehicle accidents that occurred on or after 1 august 2008 only. Section 21 of the raf act compels a third party to institute hisher claim against the raf and not the wrongdoer. Road accident fund v ngubane 5852006 2007 zasca 114. S 4, 6, 1012, 1719, 21, 23, 26 amended by raf amendment act 43 of 2002 from 4 dec 2002. In general, lawyers want to get as much as they can from litigation 1 against the road accident fund raf, 2 government wants to pay as little as possible. M obo m v road accident fund 44842016 2018 zagpjhc.
Learn about the interview process, employee benefits, company culture and more on indeed. The defendant will furnish the plaintiff with an undertaking in terms of section 17 4 a of the road accident fund act 56 of 1996. The raf is governed by the road accident fund act 56 of 1996 act, as read with the road accident fund transitional provisions act. The road accident fund transitional provisions act 15 of 2012 the transitional act came into operation with effect from february 20. This year, the fund is celebrating 20 years of caring for road users after dealing with a legacy of challenges. The raf amendment act 19 of 2005, which came into effect on 1 august 2008, includes new regulations regarding who can claim from the raf, as. The raf is responsible for the payment of compensation in accordance with the act for loss or damage wrongfully caused by the driving of motor vehicles. What exactly is the road accident fund and who is eligible to make claims. A complete collection of primary and secondary legislation relating to the road accident fund. The road accident fund raf is a statesupported insurance fund that provides compensation to the victims of road accidents in south africa. Explain what claims are affected by the amendments contained in act 19 of 2005. This act limits the road accident fund s liability for compensation in respect of claims for nonpecuniary loss to instances where a serious injury has been sustained. Provides a social security safety net to the country and economy by making. The new controversial road accident benefit scheme rabs bill, is one step closer to becoming law and replacing the existing road accident fund raf.
The raf is a juristic person established by an act of parliament, namely, the road accident fund act, 1996 act no. In addition to the financial security provided by a well presented road accident fund claim provision is also made for future medical expenses by way of a medical undertaking, provided for in the road accident fund act. Road accident fund act 56 of 1996 as amended by act 19 of 2005 sections 1, 1725 and 28. Legal succession to the south african transport services act, 1989 act 9 of 1989 national railway safety regulator act, 2002 act 16 of 2002 invitation for comments on the draft railway safety bill. Subject to section 281, the multilateral motor vehicle accidents fund established by the agreement concluded between the contracting parties on 14 february 1989, shall cease to exist, and all money credited to that fund immediately before the commencement of this act shall vest.
Road accident fund raf personal injury and medical. Apr 03, 2017 find 88 questions and answers about working at road accident fund. The road accident fund amendment act 19 of 2005 came into effect on 1 august 2008. In this case the medical practitioner should apply the narrative test. With acts you are guaranteed the latest and most up to date resource for your legislative needs. How to claim from the road accident fund law for all. R s v road accident fund 4989917 2020 zagpphc 1 21. In this video, annemarie and christine talk about the transitional provisions act and how it affects claims against the road accident fund, by passengers in single motor vehicle accidents.
A medical practitioner has to determine whether or not the claimant has suffered a serious injury by undertaking an assessment prescribed. The narrative test download the interpretation of the amended raf act 56 of 1996 and the regulations thereto. S 10 amended by revenue laws amendment act 19 of 2001. The new regulations limit who can claim and what and how much the can claim for. The road accident fund had been created by the road accident fund act, act 56 of 1996 an act is a law passed by the parliament of south africa, which is then signed into law by the president. Serious injury assessment report raf 4 road accident fund. There are very clear reasons why you need an attorney so call us now on 087 550 8099 and we will spell it out our concerns for you. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. Firstly, in terms of section 174a of the act, an undertaking may be offered by the road accident fund when the claimant has a claim for medical expenses. Samlarafmatters south african medicolegal association. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Road accident fund is still a growing state owned enterprise, the reason why i am saying it is still growing is the fact that it is still on its baby steps. Section 6 of the principal act is hereby amended by substitution for subsection 1 the financial year of the fund shall run from 1 may april of any year to 30 april 3 i march of the following year.
I interviewed at accident fund lansing, mi in august 2019. This judgment may be referred to as road accident fund v ngubane 2007 sca 114 rsa. The department of transport has published the revised road accident benefit scheme bill, 20 the rabs bill for public comment for a period of 60 days in government gazette no. Although the amendment act also abolishes a motor vehicle accident victims common law right to claim compensation from a wrongdoer for losses that are not claimable under the road accident fund act 56 of 1996 raf act, and it limits the amount of compensation that the raf is obliged to pay for claims for loss of income or a dependants. The rabs is set to replace the current road accident fund and will act as a social security scheme for the victims of road accidents. The road accident fund ra f provid es compu ls or y c over to all users of south african roads, c i tizens and foreigners, against injuries sustained or.
The raf provides compulsory insurance cover to all users of south. The transitional act was introduced to address the constitutional court judgment in mvumvu and others v minister of transport and another 2011 2 sa 473 cc. S 4 amends financial supervision of the road accidents fund. This fund is known as the road accident fund raf and was established by the road accident fund act 56 of 1996 rafa. O v road accident fund 209762014 2018 zagpjhc 419 31. The issue of serious injuries is referred for decision by the health professions council of south africa.
The governing law or act, was amended in august 2008 by the what is known as the raf amendment act 19 of 2005. As long as a person is not the sole cause of the accident and injured in or by a vehicle as required in terms of the road accident fund act you would be able to claim from the fund irrespective of where the accident took place. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. There is hereby established a juristic person to be known as the raf. The road accident fund was established in sa by parliament and commenced full operations in may 1997. Anele mvumvu first applicant and road accident fund. Background established by an act of parliament, namely, the road accident fund act, 1996 act no.
In order to ensure that road accident victims and their families are compensated, a compulsory nofault based insurance fund was established. Amended by raf amendment act 43 of 2002 from 4 dec 2002. Compensates for loss or damage wrongfully caused by driving a motor vehicle. Road accident fund archives page 2 of 3 medical experts. The road accident fund act 56 of 1996 and serious injuries. Contacted 731 by local, highly regarded technical recruiting firm about opportunity with af group to write policyprocedure documentation. Despite a number of road laws which seek to regulate and control the use of vehicles on south african roads, accidents occur daily.
The road accident fund is a pool of money not the type of pool you swim in although i personally wouldnt mind swimming in a pool of money preferably dollars which offers compensation to individuals injured in road accidents in. At least 7,221 people were killed and 15,466 others injured in 5,514 road crashes across the country last year, said a passengers welfare body yesterday. Regulation 23 read with section 171b of the road accident fund act 56 of 1996 claim to be lodged with the fund within two years the fund may waive this requirement or enter into a compromise. Changes to road accident fund compensation dsc attorneys. Section 4 of the principal act is hereby amended by the insertion in subsection 1 after paragraph a of the following paragraph. Treatment of persons injured in a road accident as per the golden hour scheme. Welcome to the road accident fund raf road transportation is a critical element supporting and directly contributing to growth in any economy.
The proposed amendments to the principal act, as contained in the raf amendment bill of 2017, is intended to address specific aspects of the principal act to support effective financial management and improve the timely, efficient and costeffective delivery to road accident victims. Historically, before the transitional provision act from 1942 to 2012 in south africa, if one was a passenger in a taxi by law the raf said to those people were good enough to pay the fuel levy but at best would be given r25 000 no matter what the impact of a vehicle road accident was. Adjustment of statutory limit in respect of claims for loss of income and loss of support. Road accident fund raf there are very serious reasons why you should talk to us before going your own way with the road accident fund. This act requires the central government to constitute a motor vehicle accident fund to provide a compulsory insurance cover to all road users in india. Every time you purchase petrol or diesel, you automatically contribute to a statutorily prescribed levy, which is used to finance the fund. The liability of the fund or an agent regarding any tariff contemplated in subsections 4a, 5 and 6 shall be based on the tariffs for health services provided by public health establishments contemplated in the national health act, 2003 act no. The test to determine whether a vehicle is a motor vehicle is an objective one and it can only be said that a vehicle. The raf, set up by the road accident fund act of 1996, ensures financial compensation, against certain requirements, for persons involved in motor vehicle accidents in south africa, where such accidents are not caused by their own negligence. We asked a test group of 10 people, do you know how to claim from the raf. Rectifying the mvumvu disparity the road accident fund. A glance at the road accident fund amendment bill raf bill. The road accident fund was established under the road accident fund act, 56 of 1996 the raf act to pay compensation for loss or damage wrongfully caused by the driving of motor vehicles.
The danger of direct claims from the road accident fund raf. In its current form, the road accident fund was originally governed by the raf act 56 of 1996. Identify the important changes introduced by the raf amendment act 19 of 2005 regarding the liability of the fund. The defendant is ordered in terms of section 17a of the road accident fund act 56 of 1996, to reimburse the plaintiff for 100% of the costs of any future accommodation of the plaintiff in a hospital or nursing home, or treatment or rendering of service to him or supplying goods to him arising out of injuries sustained by plaintiff in the motor vehicle accident, after such costs have. To amend the road accident fund act, 1996, so as to authorise the fund to make financial contributions to road safety projects and programmes approved by the minister. This act limits the road accident funds liability for compensation in respect of claims for nonpecuniary loss to instances where a serious injury has been. According to this test the medical practitioner should consider if the injury has resulted in any one, more or all of the following consequences. Fund means the multilateral motor vehicle accidents road accident fund mentioned in the multilateral motor vehicle accidents fund act, 1989 act no. S 4 amends financial supervision of the road accidents. Section 1 of the road accident fund act, 1996 act no. Road accident benefit scheme bill, 2014, regulations and rules. There is a lot of growing to be done, in terms of one s growth as an employee of raf, community wise a lot of work to be done to serve the community and citizens of this country and. Road accident fund claims legal articles legalwise. A victim is only afforded the opportunity to claim once from the raf for any particular accident.
It commenced operations on 1 may 1997, assuming at the time, all the rights, obligations, assets and liabilities of the multilateral motor vehicle accidents fund. She instituted an action for damages against the defendant in terms section 2 of the provisions of the road accident fund act, act 56 of 1996 the road accident fund act arising from injuries that she sustained as a result of the collision. Sep 17, 2019 the raf is funded by a levy on fuel used for all road users. The act was amended in 2008 in an attempt to sustain the fund financially and simplify the claims procedure. The road accident fund fund is a statutory body that, in terms of the provisions of the road accident fund act, 1996 act 56 of 1996, exists to provide cover to all persons within the. Regulations regulation 23 of the regulations made in terms of s 26 of the road accident fund act 56 of 1996. Roads and public liability in a calabash introduction road transportation is the major mode of transportation in south africa. The road accident fund is getting replaced heres how.
This act limits the road accident fund s liability for compensation in respect of claims for nonpecuniary loss. Act amended the raf act 56 of 1996 hereinafter referred to as the raf act and. The assessment shall be carried out by a medical practitioner registered as such under the health professions act, 1974 act no. Butterworths legislation service, road accident fund act, no. The road accident fund act 56 of 1996 has for many years been a bone of contention between lawyers, the government and physicians. Be it enacted by the parliament of the republic of south africa, as follows. The interpretation of the amended raf act 56 of 1996 and the regulations. In terms of section 174 of the road accident fund amendment act, there are 2 categories of undertakings that can be offered by the road accident fund. The road accident fund amendment bill, 2017 the proposed amendments to the principal act, as contained in the raf amendment bill of 2017, is intended to address specific aspects of the principal act to support effective financial management and improve the timely, efficient and costeffective delivery to road accident victims. The raf is a fund that assists with compensating victims of a motor vehicle accident accident for certain damages suffered. Polity offers free access to south african legislation, policy documents and daily political news.