- Fewer rights, no court access, and reduced compensation.
- Vulnerable groups, including dependents and informal workers, left out.
- System can't cope with 1.5 million payments a year.
The Association for the Protection of Road Accident Victims (APRAV) has voiced strong opposition to the reintroduction of the Road Accident Benefits Scheme (RABS), a Bill previously rejected multiple times by Parliament due to its unconstitutional limitations, unaffordable structure, and impractical design.
“You can’t fix a broken system by stripping away rights. RABS is not reform; it’s regression,” says Ngoako Mohlaloga, APRAV Deputy Chairperson.
APRAV’s response follows COSATU’s recent public support for RABS, which the trade union federation called a progressive measure aimed at protecting the poor. But APRAV warns that RABS will do the opposite: deny victims access to justice, limit financial support, and overwhelm an already dysfunctional Road Accident Fund (RAF).
“This Bill offers less money, fewer rights, and no path to challenge the system when it fails you,” adds Pieter de Bruyn, APRAV Chairperson. “If implemented, it will turn the RAF from a safety net into a bureaucratic trap.”
No more lump sums, just dependency
Under RABS, road accident victims will no longer receive once-off compensation. Instead, they’ll receive monthly annuities, regardless of the severity of injury or loss of income. These payments are:
- Capped, even for high-earning breadwinners
- Terminated immediately if the victim dies
- Subject to budget cuts or administrative reassessment
“You can’t pay for trauma surgeries, prosthetics, or settle urgent debt with a few thousand rand a month,” says de Bruyn. “RABS shifts the financial burden to victims when they’re at their most vulnerable.”
No court access, no legal support
RABS removes the right of victims to take their case to court or to access legal assistance. The system places full administrative control in the hands of the RAF, leaving victims with no way to challenge underpayments, delays, or rejections.
“It’s a closed loop,” says Mohlaloga. “Victims will be trapped in a system they can’t fight, even when it fails them completely.”
Reckless drivers get paid too
By introducing a no-fault model, RABS ensures that even negligent or intoxicated drivers can qualify for compensation. It erases accountability and creates a system vulnerable to fraud, while victims receive reduced and delayed payouts.
Entire groups will be excluded
RABS will also exclude:
- Children over 18 who lose a parent
- Elderly victims over the age of 60
- Foreign nationals, even if they contribute to the fuel levy
- Informal workers, caregivers, and those not formally employed
APRAV calls this a system of exclusion, not protection.
“If your 19-year-old son depends on you and you’re killed in a crash, he will get nothing,” says Mohlaloga. “If you’re a foreign nurse who pays fuel tax, you’re still excluded. It’s unjust.”
The system cannot handle what RABS demands
The current RAF already struggles to settle claims within the required 120-day period. RABS will require it to process and deliver 1.5 million monthly payments per year—a feat for which no infrastructure currently exists.
APRAV's alternative: Real reform, already ready
APRAV has presented Parliament with a 10-point evidence-based action plan that:
- Saves over R4.8 billion a year
- Establishes Settlement Hub and RAF Specialist Tribunals
- Improves claim turnaround time
- Retains legal recourse for victims
- Fixes administrative blockages
- Requires minor practical changes to existing legislation
“You don’t tear down the foundation when the house needs fixing,” says de Bruyn. “You fix the cracks. That’s what APRAV’s plan does.”
Join the movement: Let victims be heard
APRAV is calling for:
- An urgent pause on the revival of RABS
- A transparent, public engagement process
- An audience with the Minister of Transport
- A seat at the decision-making table for victims and those who advocate for them
APRAV invites legal practitioners, medical professionals, civil society organisations, victims, and ordinary South Africans to rally behind this cause. Send your support, stories, and submissions to: victims@aprav.co.za
“Before rewriting the future of road crash compensation, government must listen to the people it will impact most,” says Mohlaloga. “Let the victims be heard.”
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