Road accident fund claims from the road accident fund in. Road accident fund transitional provisions act south african. 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. Ooroad accidento o means an accident or collision caused by or arising from the driving of a motor vehicle. Ooroad accident fundo omeans the road accident fund established by section 21 of the road accident fund act, 1996 act no. The raf provides compulsory insurance cover to all users of south. Polity offers free access to south african legislation, policy documents and daily political news. It is an organ of state created in order to pay compensation to road accident victims injured or to the dependants of those killed as a result of the negligence of the driver or owner of a motor vehicle at any place within south africa. Road accident fund regulations, 2008 medical experts road. 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. In the matter of duduzile v road accident fund 2007 4 all sa 1241 w. Fund means the multilateral motor vehicle accidents road accident fund mentioned in the multilateral motor vehicle accidents fund act, 1989 act no. Gg 31249, notic e number 770 of 21 july 2008, the regulations became effective on 1 august 2008. The minister of transport hereby, in terms of section 26 of the road accident fund act, 1996 act no.
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. Because of the fault based compensation system, raf had to defend all claims lodged on an adversarial approach. The raf amendment act 19 university of the free state. The road accident fund raf is a governmentrun insurance scheme operating in terms of the road accident fund act 56 of 1996 as amended. Claims for emotional shock arising out of the death of a. In 2015, the road accident fund paid out a total of r28 billion in claims. 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. S 10 amended by revenue laws amendment act 19 of 2001. The correct interpretation of s 174c of the road accident. Anele mvumvu first applicant and road accident fund.
Does a bicycle classify as a vehicle in terms of the raf. Prescription of obligations arising from undertakings issued by the road accident fund in pursuance of section 174a of the road accident fund act 56 of 1996 by h. Road accident fund act and regulations 561996 data dynamics. Average payouts for specific types of damages were as follows. Where a third party is entitled to compensation in terms of this section and has. Assessment of serious injury in terms of section 171a 4. View notes unit 5 the quantum of damages thirdparty claim in terms of road accident fund act 56 of 1996. The road accident fund raf is a statutory body that, in terms of the provisions of the road accident fund act, 1996 act no.
Changes to road accident fund compensation dsc attorneys. The raf is governed by the road accident fund act 56 of 1996 act, as read with the road accident fund transitional provisions act 15 of 2012. The narrative test download the interpretation of the amended raf act 56 of 1996 and the regulations thereto. 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 act and regulations 56 1996 share results. The road accident fund is a national public entity established for the purpose of paying compensation in accordance with the provisions of the road accident fund act, 1996 act no. S 4, 6, 1012, 1719, 21, 23, 26 amended by raf amendment act 43 of 2002 from 4 dec 2002. It was heard in the natal provincial division on november 17, 2000, with judgment handed down the same day.
Amends financial supervision of the road accidents fund act 8 of 1993. Paixao and another v road accident fund 2315 words. 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. To understand the origin of the rabs bill, it is necessary to first understand the current road accident fund raf that was established by the raf act no. In order to ensure that road accident victims and their families are compensated, a compulsory nofault based insurance fund was established.
The ruling by griesel j in the matter of sweatman v road accident fund wcc unreported case no 1725811, 31220 griesel j has resolved a dispute concerning the interpretation and application of s 174c of the road accident fund act 56 of 1996 and more specifically the method of actuarially calculating the annual loss for the. Road accident fund claims legal articles legalwise. Ahmed, raheel and steynberg, loma, claims for emotional shock arising out of the death of a passenger who is subject to section 181 of the road accident fund act 56 of 1996 swartbooi v road accident fund may 5, 2014. Kruger v president of the republic of south africa and others is an important case in south african law, heard in the constitutional court. The road accident fund amendment act 19 of 2005 came into effect on 1 august 2008. The road accident fund the road accident fund raf is a public entity set up by an act of parliament, namely, the road accident fund act, 1996 act no. When will matter prescribe in terms of road accident fund.
To provide for transitional measures in respect of certain categories of third parties whose claims were limited under the road accident fund act, 1996 act no. Butterworths legislation service, road accident fund act. The road accident fund raf is a statutory body that, in terms of the provisions of the road accident fund act,1996 act no. Pdf the interpretation of the amended raf act 56 of 1996 and the. 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. The new regulations limit who can claim and what and how much the can claim for. Amendment of section 1 of act 56 of 1996, as amended by section 125 of act 31 of 2005 1. 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. According to the funds annual report for 2015, the average value of a claim was r114 969. In its current form, the road accident fund was originally governed by the raf act 56 of 1996. May 10, 2010 it was reported on may 7, 2010, that the constitutionality of a provision of the road accident fund act on the statutory limitation period for making claims against the fund is being challenged before south africas constitutional court. Defining and bringing clarity to suppliers claims in mva. The road accident fund act 56 of 1996 has for many years been a bone of. Road accident fund commission act delhi high court.
Motor vehicle accident claims polmed our investment. Adjustment of statutory limit in respect of claims for loss of income and loss of support. The amendment act limits the road accident funds rafs liability for compensation in respect of claims for nonpecuniary loss general. Is an undertaking in terms of section 174a of the road. Financial supervision of the road accidents fund act 8 of 1983 previous short title. The raf is a juristic person established by an act of parliament, namely, the road accident fund act, 1996 act no.
The road accident fund act 56 of 1996 and serious injuries. 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. Regulations in terms of the road accident fund act 56 of 1996. 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. Raf was governed by the road accident fund act 56 of 1996, which prescribed that raf was to pay compensation to victims of road accidents involving a motor vehicle. 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. Kruger v president of the republic of south africa wikipedia. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. The entity is owned by the south african public and is funded by fuel and gas price levies. Financial supervision of the multilateral motor vehicle accidents fund act road accident fund act 56 of 1996. Minister of safety and security v road accident fund wikipedia. In terms of the section 171 of the road accident fund act 56 of 1996, as amended, the fund or its agents shall be liable for a claim of compensation under this section from any accident arising as a result from a motor vehicle being driven either by an identified or unidentified driver.
A complete collection of primary and secondary legislation relating to the road accident fund. Emotional shock claimants whose claim falls within the ambit of section 171 of the road accident fund act 56 of 1996 hereinafter referred to as the raf act may find themselves shell shocked if they fail to comply with the provisions of section 24 of the raf act by not submitting a statutory medical report together with the mmf1 form. The print subscription includes a free mobile version as well as updates for 12 months print and mobile. The act was amended in 2008 in an attempt to sustain the fund financially and simplify the claims procedure. Further provision for liability of fund in terms of section 171b 3. National land transport interim arrangements act 45 of 1998. How to claim from the road accident fund law for all. To provide for the establishment of the road accident fund. 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. 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. Prescription of obligations arising from undertakings issued. Regsgeleerdheidprivaatregplease help us populate sunscholar with the post print version of this article.
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. Commencement of certain sections of the road accident fund act. 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. Paixao and another v road accident fund 2011 zagpjhc 68 4. This fund is known as the road accident fund raf and was established by the road accident fund act 56 of 1996 rafa. Further provision in respect of claim for loss of income or support in terms of section 174c. The road accident fund act 56 of 1996 came into operation on the 1 may 1997 old act.
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. Rabs road accident benefit scheme rabsa road accident benefit scheme administrator raf road accident fund raf act road accident fund act, 1996 act no. Road accident fund act, 1996, and shall come into operation on a date fixed by the president by proclamation in the gazette, except section 10, which shall be deemed to have come into operation on 21 april 1996. The first limitation relates to claiming from the raf andor the wrongdoer. Minister of safety and security v road accident fund and another is an important case in the south african law of delict. 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. Butterworths legislation service, road accident fund act, no. 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 minister of transport has, in terms of section 26 of the road accident fund act, 1996 act no. 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.