Free markets, and in particular the private sector, do not fully address the impact of road accidents on society and the economy. Recourse of road accident fund university of the free state. Butterworths legislation service, road accident fund act. The raf can substantially curtail litigation as is clearly intended by the act by astutely and effectively making use of s 173b of the road accident fund act 56 of 1996, which reads. The road accident fund raf in south africa, is a state insurer established by statute. S 10 amended by revenue laws amendment act 19 of 2001. Mar 27, 2015 it is not in dispute that the plaintiff has lodged his claim with the fund, and that the fund did not object to the validity of the claim in terms of section 26 of the road accident fund act 56 of 1996 the act. The raf amendment act 19 of 2005 hereinafter referred to as the amendment act amended the raf act 56 of 1996 hereinafter referred to as the raf act and came into effect on 1 august 2008. The print subscription includes a free mobile version as well as updates for 12 months print and mobile. Pdf the raf amendment act 19 of 2005 came into effect on 1 august 2008 and sections 171 and 171a.
In issuing any order as to costs on making such award, the court may take into consideration any written offer, including a written offer without. In its current form, the road accident fund was originally governed by the raf act 56 of 1996. Is an undertaking in terms of section 174a of the road. Road accident fund v sweatman 1622014 2015 zasca 22. The raf act of 1996 was amended and as a result the raf amendment act 19 of 2005 came into operation on the 01 august 2008. Amendment of section 1 of act 56 of 1996, as amended by section 125 of act 31 of. While enacting the road accident fund act of 2005, the legislators argued that the limitations put on the previous act were overly discriminatory on certain groups of people, especially the poor and the middleincome earners, who needed the fund more. The road accident fund raf was established in south africa by an act of parliament and has been available to the south african public and.
Mosebekoa v road accident fund 1097320 2015 zagpphc. Road accident fund regulations, 2008 medical experts road. The provisions discussed in this article affect persons injured in motor vehicle accidents that occurred on or after 1 august 2008 only. It commenced operations on 1 may 1997, assuming at the time, all the rights, obligations, assets and liabilities of. In respect of the old road accident fund act 56 of 1996, the victim who had a limited claim against the raf, still had a common law claim against the wrongdoer in respect of the excess amount not compensated for by the raf. Fund means the multilateral motor vehicle accidents road accident fund mentioned in the multilateral motor vehicle accidents fund act, 1989 act no. Adjustment of statutory limit in respect of claims for loss of income and loss of support. 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. Kruger v president of the republic of south africa wikipedia.
Is the road accident funds litigation in urgent need of. Claimants stand to reap the full payout and benefit due to them by forgoing lawyers, according to the fund. This is in no way an indication that jobs without this tag are not suitable for people from designated groups. Polity offers free access to south african legislation, policy documents and daily political news. According to the funds annual report for 2015, the average value of a claim was r114 969. Mar 20, 2015 1 the sole issue to be determined in this appeal is the effect of the amendment to the road accident fund act 56 of 1996 in 2008 in so far as the limitation on the liability of the road accident fund for loss of income or support, suffered as a result of a motor vehicle collision, is concerned. Average payouts for specific types of damages were as follows. 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. The road accident fund act 56 of 1996 has for many years been a bone of. 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.
This fund is known as the road accident fund raf and was established by the road accident fund act 56 of 1996 rafa. In may 2014, the dot published a revised version of the road accident benefit scheme rabs. The road accident fund act 56 of 1996 and serious injuries. The fund conceded that it would be obliged to furnish ms simelane with a certificate under section 171 of the road accident fund act 56 of 1996 to cover future medical expenses. Act amended the raf act 56 of 1996 hereinafter referred to as the raf act and. It is a statutory creation, having been established by section 21 of the road accident fund act, 1996 act no. Thabo mbeki, president of the republic of south africa, brought prematurely into operation certain provisions of the road accident fund amendment act. In 2015, the road accident fund paid out a total of r28 billion in claims.
Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. Simelane v road accident fund 2043205 2015 zagpjhc. The fund appeals against that ruling with leave of this court. Ms simelane abandoned a claim for past medical expenses. 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. Constitutional court of south africa case cct 3810 2010 zacc 25. Goods which have been acquired or imported free from customs or excise duty by.
The road accident fund raf or fund is a specialised statutory insurance entity paying compensation to injured road users for personal bodily injuries. Road accident fund commission act delhi high court. It was heard in the natal provincial division on november 17, 2000, with judgment handed down the same day. The raf amendment act 19 university of the free state. Suppliers claims in terms of section 175 of the road accident fund act 56 of 1996 1 introduction section 175 of the road accident fund act 56 of 1996 raf act provides as follows. S 4, 6, 1012, 1719, 21, 23, 26 amended by raf amendment act 43 of 2002 from 4 dec 2002. The road accident fund is encouraging potential claimants to claim directly from them instead of using a lawyer. How to claim from the road accident fund without a lawyer. The minister of transport has, in terms of section 26 of the road accident fund act, 1996 act no. The raf provides compulsory insurance cover to all users of south. The lives of more than 120 000 road accident victims are. 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. Sign up for our free daily email newsletter receive daily sector news alerts.
The road accident fund raf is a creature of statue which was governed by the raf act 56 of 1996 up until the 31 july 2008. Its paying out more to accident victims than its receiving from the fuel levy every month. Is an undertaking in terms of section 174a of the road accident fund act 56 of 1996 sufficient to include cost of a domestic assistant. Under which circumstances does the raf have a right of recourse against the owner andor driver of a motor vehicle in terms of section 252 and 3 of the raf act 56 of 1996. Many, recently would have noted the judgement in the matter of k p mphirime v raf 2016 unreported, as the honourable judge stated that a case was made out that the plaintiff would be entitled to be paid for the costs of employing a domestic assistant. Road accident fund act and regulations 561996 data dynamics.
The road accident fund act 56 of 1996 came into operation on the 1 may. The application is opposed by the road accident fund and the health professions council of south africa. Pdf the interpretation of the amended raf act 56 of 1996 and the. The defendant shall furnish the plaintiff with an undertaking as contemplated in section 174a of the road accident fund act, no. It is important to remember that these amendments are only applicable to motor vehicle accidents that took place on or after 1 august 2008 as the raf amendment act 19 of 2005 is not retrospective in nature. The act was amended in 2008 in an attempt to sustain the fund financially and simplify the claims procedure. 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. View notes unit 5 the quantum of damages thirdparty claim in terms of road accident fund act 56 of 1996. Changes to road accident fund compensation dsc attorneys. Amends financial supervision of the road accidents fund act 8 of 1993.
Assessment of serious injury in terms of section 171a 1 a a third party who wishes to claim compensation for nonpecuniary loss shall submit himself or herself to an assessment by a medical practitioner in accordance with these regulations. Hamilton v road accident fund 6058114 2015 zagpphc. Amendment of section 1 of act 56 of 1996, as amended by section 125 of act 31 of 2005 1. Minister of safety and security v road accident fund wikipedia. Please help us populate sunscholar with the post print version of this article. Road accident fund act and regulations 56 1996 share results. The first limitation relates to claiming from the raf andor the wrongdoer. The raf is a juristic person established by an act of parliament, namely, the road accident fund act, 1996 act no. Question 4 in terms of section 17 of the road accident fund act 56 of 1996 1. To provide for the establishment of the road accident fund. 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. Kruger v president of the republic of south africa and others 1 is an important case in south african law, heard in the constitutional court cc on 19 february 2008, with judgment handed down. Minister of safety and security v road accident fund and another is an important case in the south african law of delict. 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.
Section 1 of the road accident fund act, 1996 act no. The impugned amending provisions were introduced by the road. The road accident fund amendment bill, 2017 gert nel inc. A glance at the road accident fund amendment bill raf bill. The correct interpretation of s 174c of the road accident.
The road accident fund act 56 of 1996 came into operation on the 1 may 1997 old act the road accident fund amendment act, 2005 came into operation on the 1 august 2008 new act the object of both acts is to pay compensation in accordance with applicable legislations for personal loss or damage wrongfully caused by the driving of a motor. Where a third party is entitled to compensation in terms of this section and has. Unit 5 the quantum of damages thirdparty claim in terms. Noble v road accident fund 392542008 2011 zagpjhc 6. Commencement of certain sections of the road accident fund act. In 2005, the road accident fund act of 1996 was amended.
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