It is hereby notified that the president has assented to the following act which is hereby published for general information. 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. Where a third party is entitled to compensation in terms of this section and has incurred costs in respect of accommodation of himself or herself or any other per. 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. Some of the important amendments are the following. A complete collection of primary and secondary legislation relating to the road accident fund. The effect of this section is to replace the thirdparty claimants common law. The minister of transport hereby, in terms of section 26 1ab of the road accident fund act, 1996 act no. 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. One of the main results is that for claims arising from accidents occurring after 31 july, 2008, the road accident fund is liable for compensating the victims of road accidents for general damages. The road accident fund transitional provisions act 15 of 2012 the transitional act came into operation with effect from february 20. Accident fund act 56 of 1996, for the costs of future accommodation of the plaintiff in a hospital or nursing home, or treatment of or rendering of a service or supplying of goods to the plaintiff, arising out of the injuries sustained in a motor vehicle collision in question and the sequelae thereof, after. The defendant will furnish the plaintiff with an undertaking in terms of the provisions of section 17 4 of the road accident fund act, act 56 of 1996 to compensate the plaintiff for the costs of future accommodation of plaintiff in a hospital or nursing home or for the treatment of or rendering of a service supplying of goods to him after. Polity offers free access to south african legislation, policy documents and daily political news.
Despite a number of road laws which seek to regulate and control the use of vehicles on south african roads, accidents occur daily. The fund appeals against that ruling with leave of this court. Road accident fund road accident fund claims, raf claim. These amendments are aimed at improving the efficiency of the fund. The road accident fund act 56 of 1996 came into operation on 1 may 1997. Words in bold type indicate omissions from existing enactments. In 2005, the road accident fund raf act was amended. In terms of section 174 of the act the fund has a discretion to furnish certain undertakings regarding the payment of bene. Mr modise read at length the relevant sections of the act. Prior to 1 august 2008, the road accident fund raf act provided that most categories of road accident victims could claim full compensation from the raf, however certain categories of claimants had their claims limited by section 18 of the old act. Amendment of section 1 of act 56 of 1996, as amended by section 125 of act 31 of. Section 21 of the raf act compels a third party to institute hisher claim against the raf and not the wrongdoer.
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. The road accident fund act 56 of 1996 and serious injuries. The raf amendment act, which took effect in august 2008, has created various challenges transportation for as well as confusion users most, and operators notably on the problem of thirdparty indebtedness. Road accident fund regulations, 2008 medical experts road. It commenced operations on 1 may 1997, assuming at the time, all the rights, obligations, assets and liabilities of. Roads and public liability in a calabash introduction road transportation is the major mode of transportation in south africa. Rectifying the mvumvu disparity the road accident fund. The print subscription includes a free mobile version as well as updates for 12 months print and mobile. Mr farrow referred to the audit reports of the road accident fund, and said that it was difficult for the financial services board to compare apples and pears in the broader spectrum of their monitoring. To provide for the establishment of the road accident fund.
The road accident fund amendment bill, 2017 gert nel inc. Changes to road accident fund compensation dsc attorneys. Transport accident investigation commission act 1990 no 99. The claimants whose cases arose before this date were still pegged by the limitations capped on the 1996 road accident fund act 56, section 18, which had been repelled as being unfair and. In its current form, the road accident fund was originally governed by the raf act 56 of 1996. 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. Makhubele v road accident fund 772082014 2017 zagpphc. 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. Milliken v road accident fund 473906 2012 zakzdhc 65 7 november 2012. This new road accident fund act 56 of 1996 as amended in 2005 however relates to causes of action commencing after its full implementation on august 1, 2008. 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. The assessment shall be carried out by a medical practitioner registered as such under the health professions act, 1974 act no. The chairperson referred to the 1993 road accident fund act.
A glance at the road accident fund amendment bill raf bill. Section 1 of the road accident fund act, 1996 act no. You can download this page as a pdf using your browsers print functionality. Bruwer and others v road accident fund 5742015 2017 saflii.
Motor vehicle accident fund act 10 of 2007 namibia legal. 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. Accident fund fund is obliged to pay for claims for loss of income or a dependants loss of support arising from the bodily injury or death of a victim of a motor accident. Milliken v road accident fund 473906 2012 zakzdhc 65 7. He worked for stancom which later merged with alliance one international until he reached the. The bill seeks to expand the powers of the fund to include the power to subcontract its functions, currently the responsibility of the fund, either to the private sector or another organ of state. The road accident fund amendment act 19 of 2005 came into effect on 1 august 2008.
The transitional act was introduced to address the constitutional court judgment in mvumvu and others v minister of. Road accident fund commission act delhi high court. Accident fund act 56 of 1996 1 introduction section 175 of the road accident fund act 56 of 1996 raf act provides as follows. The act has been updated with a board notice regarding adjustment of statutory limit, published in government gazette no.
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. Road accident fund claims from the road accident fund in. The raf is a juristic person established by an act of parliament, namely, the road accident fund act, 1996 act no. Is an undertaking in terms of section 174a of the road. To provide for the establishment, administration and management of the motor vehicle accident fund as an administrative body to provide assistance and benefits to persons injured in motor vehicle accidents and to dependents of persons killed in such accidents. 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. The provisions discussed in this article affect persons injured in motor vehicle accidents that occurred on or after 1 august 2008 only. Ooroad accident fundo omeans the road accident fund established by section 21 of the road accident fund act, 1996 act no. Bruwer and others v road accident fund 5742015 2017 zafshc 162 21 september 2017. S 4, 6, 1012, 1719, 21, 23, 26 amended by raf amendment act 43 of 2002 from 4 dec 2002.