RAF faces R390 million liability after court opens door for undocumented foreign claims

Minister of Transport Barbara Creecy has revealed that the Road Accident Fund (RAF) could face at least R390 million in additional liability

Minister of Transport Barbara Creecy has revealed that the Road Accident Fund (RAF) could face at least R390 million in additional liability following a Supreme Court of Appeal ruling that allows undocumented foreign nationals to claim compensation.

Last month, IOL reported that the Supreme Court of Appeal (SCA) ruled that the Road Accident Fund (RAF) must compensate all road accident victims, including undocumented foreign nationals, finding that “any person” in the RAF Act includes them.

This was after the Gauteng High Court in Pretoria struck down a RAF directive requiring foreign nationals to prove legal presence in South Africa at the time of injury to claim compensation.

A full bench of three judges, led by Judge Norman Davis, set aside the directive to the extent that, in respect of foreign claimants, it requires that proof of identity must be accompanied by documentary proof that the claimant was legally in South Africa at the time of the accident.