It is trite that the raf act and its predecessors represent social. Act amended the raf act 56 of 1996 hereinafter referred to as the raf act and. Financial supervision of the multilateral motor vehicle accidents fund act road accident fund act 56 of 1996. Butterworths legislation service, road accident fund act, no. The road accident fund amendment bill, 2017 gert nel inc. Loma and ahmed, raheel, the interpretation of the amended raf act 56 of 1996 and the regulations thereto by the courts with regard to serious injury claims august 17, 2012. The first limitation relates to claiming from the raf andor the wrongdoer. Road accident fund raf versus the road accident benefit. Road accident fund claims legal articles legalwise. 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. Road accident fund commission act delhi high court. Compensates for loss or damage wrongfully caused by driving a motor vehicle. 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. A critical evaluation of the rabs bill and the common law.
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 act raf the road accident fund act raf no 56 of 1996 still governs accidents that occurred between 1 may 1997 and 31 july 2008 and amendment act 19 of 2005 governs accidents that occurred on or after 1 august 2008 to the present day. The road accident fund act 56 of 1996 and serious injuries. Commencement of certain sections of the road accident fund act. Find, read and cite all the research you need on researchgate. Road accident fund claims from the road accident fund in. Section 1 of the road accident fund act, 1996 act no. 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. Please help us populate sunscholar with the post print version of this article. 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. The minister of transport has, in terms of section 26 of the road accident fund act, 1996 act no. 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.
If you dont know who the responsible driver was for example, in the case of a claim after a hitandrun accident you must submit your claim within two years of the accident. The correct interpretation of s 174c of the road accident. The raf provides compulsory insurance cover to all users of south. The road accident fund act 56 of 1996 came into operation on the 1 may 1997 old. Shocking consequences for emotional shock victims by regional. The raf is a juristic person established by an act of parliament, namely, the road accident fund act, 1996 act no. To provide for the establishment of the road accident fund. The provisions discussed in this article affect persons injured in motor vehicle accidents that occurred on or after 1 august 2008 only. A supplier is referred to in section 175 of the road accident fund act 56 of 1996, and the road accident fund amendment act 19 of 2005 as, the person who provides the accommodation or treatment or rendered the service or supplied the goods to the injured or deceased road accident. In 2005, the road accident fund act of 1996 was amended. S 4 amends financial supervision of the road accidents fund act 8 of 1993. 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. Polity offers free access to south african legislation, policy documents and daily political news.
A complete collection of primary and secondary legislation relating to the road accident fund. The raf amendment act 19 university of the free state. 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. Claims for emotional shock arising out of the death of a. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders.
Download this paper open pdf in browser add paper to my library. S 10 amended by revenue laws amendment act 19 of 2001. It commenced operations on 1 may 1997, assuming at the time, all the rights, obligations, assets and liabilities of the. The amendment act was brought into effect on 1 august 2008. In its current form, the road accident fund was originally governed by the raf act 56 of 1996. Subject to section 281, the multilateral motor vehicle accidents fund. Because of the fault based compensation system, raf had to defend all claims lodged on an adversarial approach. Is an undertaking in terms of section 174a of the road.
The road accident fund amendment act 19 of 2005 came into effect on 1 august 2008. National land transport interim arrangements act 45 of 1998. The interpretation of the amended raf act 56 of 1996 and the. 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. This fund is known as the road accident fund raf and was established by the road accident fund act 56 of 1996 rafa. Amendment of section 1 of act 56 of 1996, as amended by section 125 of act 31 of. 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. View notes unit 5 the quantum of damages thirdparty claim in terms of road accident fund act 56 of 1996. This act limits the road accident fund s liability for. In order to ensure that road accident victims and their families are compensated, a compulsory nofault based insurance fund was established. The interpretation of the amended raf act 56 of 1996 and the regulations thereto by the courts with regard to serious injury claims. The road accident fund was established under the road accident fund act, 56 of 1996 the raf act to pay compensation for loss or damage wrongfully caused by the driving of motor vehicles. Prominente publikasies article university of pretoria.
The road accident fund raf is a statutory body that, in terms of 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. 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 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. The interpretation of the amended raf act 56 of 1996 and. The road accident fund act 56 of 1996 the raf act deals with the establishment of the road accident fund the fund and matters connected therewith. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. 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.
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. 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. The road accident fund raf is a governmentrun insurance scheme operating in terms of the road accident fund act 56 of 1996 as amended. The object of the fund is the payment of compensation in accordance with the raf act for loss or damage wrongfully caused. The fund appeals against that ruling with leave of this court. This entails that a thirdparty claimant who wishes to claim compensation for nonpatrimonial loss suffered after a motorvehicle accident has to prove that his or her injury is serious. Mokoena v road accident fund 201038170 2011 zagpjhc. Section 3 of the 1996 act states that the object of the raf is the payment of compensation for loss or damage wrongfully caused by the driving of motor vehicles. The raf is governed by the road accident fund act 56 of 1996 act, as read with the road accident fund transitional provisions act. 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.
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. Ooroad accident fundo omeans the road accident fund established by section 21 of the road accident fund act, 1996 act no. Road accident fund regulations, 2008 medical experts road. Despite a number of road laws which seek to regulate and control the use of vehicles on south african roads, accidents occur daily. With acts you are guaranteed the latest and most up to date resource for your legislative needs. 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 requires that you submit a claim within three years of the motor vehicle accident if you know who was responsible. The raf amendment act 19 of 2005 came into effect on 1 august 2008 and sections 171 and 171a introduced the concept of serious injury. The raf act read with the regulations exclusively recognizes the duly. The assessment shall be carried out by a medical practitioner registered as such under the health professions act, 1974 act no. 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. 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.
Fund means the multilateral motor vehicle accidents road accident fund mentioned in the multilateral motor vehicle accidents fund act, 1989 act no. Adjustment of statutory limit in respect of claims for loss of income and loss of support. Defining and bringing clarity to suppliers claims in mva. The road accident fund raf or fund is a specialised statutory insurance entity paying compensation to injured road users for personal bodily injuries. Financial supervision of the road accidents fund act 8 of 1983 previous short title. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. Tydskrif vir hedendaagse romeinshollandse regjournal of contemporary romandutch law, 77 3, august. A glance at the road accident fund amendment bill raf bill.
Road accident fund v thugwana 5752002 2003 zasca 9. Roads and public liability in a calabash introduction road transportation is the major mode of transportation in south africa. Regulations regulation 23 of the regulations made in terms of s 26 of the road accident fund act 56 of 1996. 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. Pdf the interpretation of the amended raf act 56 of 1996. Kruger v president of the republic of south africa and others is an important case in south african law, heard in the constitutional court cc on 19 february 2008, with judgment handed down on 2 october. The relevant legislation is the road accident fund act 56 of 1996 as amended by the road accident amendment act 19 of 2005. Road accident fund act and regulations 56 1996 share results. Kruger v president of the republic of south africa wikipedia. The act was amended in 2008 in an attempt to sustain the fund financially and simplify the claims procedure. Changes to road accident fund compensation dsc attorneys. Road accident appeal tribunal and others v gouws and. Road accident fund raf versus the road accident benefit scheme rabs written by simpsons attorneys. Butterworths legislation service, road accident fund act.
The print subscription includes a free mobile version as well as updates for 12 months print and mobile. Act are primarily a imed at be nefiting the road u sers of south africa. Road accident fund transitional provisions act south african. The raf is a fund that assists with compensating victims of a motor vehicle accident accident for certain damages suffered. 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.
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