S 4 amends financial supervision of the road accidents. The road accident fund raf is a governmentrun insurance scheme operating in terms of the road accident fund act 56 of 1996 as amended. Fund means the multilateral motor vehicle accidents road accident fund mentioned in the multilateral motor vehicle accidents fund act, 1989 act no. The first limitation relates to claiming from the raf andor the wrongdoer. Changes to road accident fund compensation dsc attorneys. African roads against injuries sustained or death arising from accidents involving motor. The new regulations limit who can claim and what and how much the can claim for. Multilateral motor vehicles accidents act 84 of 1986. Despite a number of road laws which seek to regulate and control the use of vehicles on south african roads, accidents occur daily.
Assessment of serious injury in terms of section 171a 4. Roads and public liability in a calabash introduction road transportation is the major mode of transportation in south africa. Claiming from the road accident fund miway insurance. 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. In 2005, the road accident fund act of 1996 was amended. A complete collection of primary and secondary legislation relating to the road accident fund. In a unanimous judgement handed down on 20 march 2015 the supreme court of appeal has conclusively answered the question as to how to apply the statutory cap, introduced by way of legislative amendment to the road accident fund act 56 of 1996 with effect from 1 august 2008, to claims for loss of income or support suffered as a consequence of injury or death in a motor vehicle.
Securities registered pursuant to section 12g of the act. Further provision in respect of claim for loss of income or support in terms of section 174c. Section 1 of the road accident fund act, 1996 act no. 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. S 4, 6, 1012, 1719, 21, 23, 26 amended by raf amendment act 43 of 2002 from 4 dec 2002.
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. The road accident fund act 56 of 1996 and serious injuries. 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. 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. Compensates for loss or damage wrongfully caused by driving a motor vehicle. What you should know the object of the road accident fund raf is the payment of compensation in accordance with the act act no. The lives of more than 120 000 road accident victims are. Adjustment of statutory limit in respect of claims for loss of income and loss of support. The road accident fund act 56 of 1996 came into operation on the 1 may 1997 old act. Only fools and horses, the complete collection on itunes. To provide for the establishment of the road accident fund.
Monies for the fund shall be paid into bank accounts opened for the purpose by the road fund management board established under section 5 of. Welcome to the road accident fund raf road transportation is a critical element supporting and directly contributing to growth in any economy. The minister of transport has, in terms of section 26 of the road accident fund act, 1996 act no. National road traffic amendment act 20 of 2003 national road traffic amendment act 64 of 2008 w. The raf can substantially curtail litigation as is clearly intended by the act by astutely and effectively making use of s 173 b of the road accident fund act 56 of 1996, which reads. 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. Butterworths legislation service, road accident fund act. Become a member by purchasing acts online membership, acts online membership 1 months, acts online membership 3 months, acts online membership 6 months, acts online membership 12 months. This fund is known as the road accident fund raf and was established by the road accident fund act 56 of 1996 rafa. The raf provides compulsory insurance cover to all users of south. The raf is a fund that assists with compensating victims of a motor vehicle accident accident for certain damages suffered. 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 amendment bill, 2017 gert nel inc. The print subscription includes a free mobile version as well as updates for 12 months print and mobile.
In order to ensure that road accident victims and their families are compensated, a compulsory nofault based insurance fund was established. Road accident fund transitional provisions act south african. Sca rules on correct application of the statutory cap to. In its current form, the road accident fund was originally governed by the raf act 56 of 1996. 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. 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.
Is the road accident funds litigation in urgent need of. Amendment of section 1 of act 56 of 1996, as amended by section 125 of act 31 of. Further provision for liability of fund in terms of section 171b 3. Subject to section 281, the multilateral motor vehicle accidents fund. Road accident fund claims from the road accident fund in.
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 entity is owned by the south african public and is funded by fuel and gas price levies. The road accident fund act 56 of 1996 came into operation on the 1 may 1997 old. The raf is governed by the road accident fund act 56 of 1996 act, as read with the road accident fund transitional provisions act. Minister of safety and security v road accident fund wikipedia. Road fund act, 1997 act 536 e such monies as the minister responsible for finance in consultation with the minister may determine with the approval of parliament. Please help us populate sunscholar with the post print version of this article. 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. A glance at the road accident fund amendment bill raf bill. The act was amended in 2008 in an attempt to sustain the fund financially and simplify the claims procedure. In their council highrise in east london, crafty cockney derek del boy trotter david jason promises his younger brother rodney nicholas lyndhurst that. It commenced operations on 1 may 1997, assuming at the time, all the rights, obligations, assets and liabilities of. The itunes store allows customers to purchase and download music and tv. The object of the legislation that is, today, the road accident fund act 1996 the act is described by judge satchwell in the satchwell commission report as follows.
It is administrated by the south african government and funds are provided to the fund from the fuel levy. 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. 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. How to claim from the road accident fund law for all. Is an undertaking in terms of section 174a of the road. If you qualify to claim from the road accident fund for a serious injury incurred in a road accident that was not solely your fault or the fault of a deceased victim of a crash, youll follow. 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. It commenced operations on 1 may 1997, assuming at the time, all the rights, obligations, assets and liabilities of the.
Who is eligible to claim from the road accident fund raf. 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. Act amended the raf act 56 of 1996 hereinafter referred to as the raf act and. Fund regulations, 2008, made under section 26 of the road accident fund act, 1996 act no. Discover the innovative world of apple and shop everything iphone, ipad, apple watch, mac, and apple tv, plus explore accessories, entertainment, and expert. You are able to claim from the road accident fund for injuries sustained or death arising from an accident on the road. 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.