The Western Cape High Court has rejected the Road Accident Fund’s (RAF) application to overturn a R1.46 million settlement awarded to Charles Jeka Chipofya, a Malawian national who sustained serious injuries in a 2016 motor vehicle accident.
The RAF claimed it had been unaware of Chipofya’s immigration status and would not have consented to the settlement if it had known he was allegedly in South Africa illegally. However, the court dismissed these claims as false and misleading, finding the RAF had full knowledge of his legal circumstances at the time of settlement.
Judge JD Lekhuleni sharply criticised the RAF for filing its rescission application over 500 days after the consent order was granted, a delay deemed unreasonable and procedurally unjustified.
The RAF further alleged fraud, citing inconsistencies in Chipofya’s identity and documentation. These claims, however, were not substantiated. The court found no compelling evidence of fraud and stated clearly that the RAF had been informed of the claimant’s immigration status well before agreeing to the payout.
Immigration status does not nullify compensation Rights
Crucially, the judgment reaffirmed that the RAF Act applies to “any person” injured in a road accident on South African soil, regardless of immigration status. Referencing prior case law, the court emphasized that compensation obligations extend universally, even to undocumented individuals.
“This Fund was created to support victims of road accidents, not selectively based on nationality or residency status,” the court stated.
The court characterised the RAF’s rescission bid as a calculated effort to evade financial responsibility. Judge Lekhuleni called it a misuse of legal process, undermining the very purpose of the Fund and delaying justice for accident victims.
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