RAF ordered to pay 209 road accident victims R47m in 30 days

The Road Accident Fund (RAF) has been compelled by the Klerksdorp Regional Court to comply with all valid and existing court orders granted in favour of 209 road accident victims, and to pay them a combined total of more than R47.3 million within 30 days. Regional Court Magistrate MB Mamana further ruled, in a judgment handed down last week, that in the event of non-compliance, the applicants/claimants are granted leave to approach the court for further relief, including contempt of court proceedings. The judgment was prompted by law firm Theron, Jordaan & Smit Inc, acting on behalf of the claimants, which launched an application to compel the RAF to comply with multiple final court orders already granted in favour of each of the road accident claimants.

This ruling follows the Supreme Court of Appeal (SCA) last week ordering the RAF to pay Newnet Property (Pty) Ltd, trading asSunshine Hospital, more than R92 million within seven days. Comment was requested from the RAF last week about the SCA judgment and whether it has sufficient funds to pay Sunshine Hospital, but no response has yet been received. Jan van Aswegen, a director of Theron, Jordaan & Smit Inc, said in an affidavit that each order obliges the RAF to pay a specified capital amount to each claimant, and that the fund has failed to honour these obligations.

Van Aswegen said that after judgment was granted, all relevant post-judgment documents required for payment were delivered to the RAF for each applicant/claimant, but the RAF has failed to make payment in all matters despite repeated follow-ups. He said the RAF’s uniform explanation is that it “cannot process payment until the claim is registered on its system”. He argued that this is factually incorrect, as some claims remain unpaid despite being properly registered.