Neelam Rahim | neelam@radioislam.co.za

3-minute read
11 November 2024 | 17:50 CAT

Road Accident Fund (RAF) CEO Collins Letsoalo said the massive backlog they were experiencing was due to pending claims without supporting documents.

A significant backlog in the Road Accident Fund (RAF) leaves thousands of South Africans waiting years for critical compensation. Victims, already grappling with injury and financial hardship, face unprecedented delays due to the RAF’s economic struggles and operational issues.

In an interview with Radio Islam International, Gert Nel, CEO of the law firm Gert Nel Inc., highlighted the dire situation. “The RAF cannot ascertain its exact financial liability due to an ongoing dispute with the Auditor General over accounting practices. This financial ambiguity compounds delays in compensating claimants,” Nel said. He noted that victims, many of whom rely on timely payments for medical expenses and basic support, are forced to wait far beyond the court-mandated 180 days.

The crisis has exacerbated an already strained court system as RAF cases pile up without legal representation on the Fund’s side. “RAF’s decision not to reinstate its panel of attorneys has led to an unmanageable caseload,” Nel explained. “Plaintiff attorneys are left navigating a system where claims languish, often settling by default judgment due to RAF’s absence in court.”

Adding to the turmoil is a controversial board notice that mandates claims be filed with all particulars, a measure to expedite cases. “This notice, however, was declared invalid and unlawful, yet the RAF continues to enforce it,” Nel stated. He contended that the inefficacy of this rule only adds to the Fund’s burdens without alleviating the backlog.

With trial dates at the North Gauteng High Court extending into 2030, many victims will wait years for their cases to reach settlement discussions. “By the time some of these cases are resolved, victims may no longer need the funds in the same way,” Nel said, underscoring the Fund’s failure to meet its legislative obligations.

The RAF’s apparent inertia has sparked concern among legal practitioners and the public. Nel’s call to action is clear: “If the RAF genuinely intends to assist victims, it must address backlogged cases, starting with the oldest, and abandon ineffective policies. Otherwise, countless victims will continue to suffer without the support they desperately need.”

Listen to the full interview on Your World Today with Mufti Yusuf Moosagie and Gert Nel here.