The Road Accident Fund (RAF) continues to defy court rulings and unlawfully deny rightful claims, leaving road crash victims without justice.
Instead of addressing these clear legal rulings against it, the RAF has resorted to attacking those who expose its misconduct. RAF spokesperson McIntosh Polela recently attempted to discredit me, suggesting that my criticism stems from financial interest rather than legal principle. This is a classic ad hominem attack—a diversion tactic used to attack the person rather than confronting the undeniable legal facts:
- Fact: The courts ruled that the RAF cannot classify itself as a “social benefit scheme” to evade financial transparency.
- Fact: The courts declared Board Notice 271 of 2022 unconstitutional and unlawful— yet the RAF continues to enforce it.
- Fact: The RAF is returning claims that do not conform to its illegal directive, instead of investigating and objecting as required by law.
- Fact: The RAF has cut finalised claims from 80,370 in 2020 to just 26,808 in 2024— a catastrophic decline.
RAF’s real challenge isn’t fraudulent claims – It is dodging accountability
The RAF claims it is being overwhelmed by fraudulent claims. Yet, the law already provides safeguards against fraud through Section 24(5) of the RAF Act. If the RAF simply followed the law, fraudulent claims could be identified and rejected without blocking legitimate victims.
Instead, the RAF is using “fraud” as a smokescreen to justify its unlawful refusal to process valid claims. Here’s the reality:
- 2020 – 102,086 claims lodged
- 2024 – 18,256 claims lodged
By unlawfully blocking claims, the RAF creates a false impression of efficiency while denying thousands of road crash victims their legal right to compensation.
How the RAF blocks claims: A side-by-side comparison
The Impact?
- 80,370 claims finalised in 2020 under the legal framework.
- 26,808 claims finalised in 2024 under the unlawful Board Notice “regime”.
- 102,086 claims lodged in 2020 only 18,256 claims lodged in 2024 (a massive drop because claimants are unlawfully blocked).
RAF forcing victims to get legal help while attacking lawyers
The RAF accuses lawyers of profiting off the system, but here’s what they won’t tell you:
- Legal fees are strictly regulated – Attorney fees are subject to oversight by the Legal Practice Council (LPC), adherence to a strict code of conduct, judicial scrutiny, and various statutes. Non-compliance can result in severe disciplinary actions.
- RAF forces victims to seek legal help – The average road crash victim often lacks the literacy and financial resources to navigate the RAF’s unlawful Board Notice requirements. Consequently, more compliant claims are filed with legal assistance than without, yet the RAF criticises lawyers for providing the necessary help.
- RAF’s own inefficiency makes claims expensive – Instead of processing claims efficiently, the RAF often engages in delays and disputes, forcing claimants into prolonged litigation. This approach increases costs for all involved, including the RAF itself. These practices not only undermine the RAF’s mandate to provide timely compensation to road accident victims, but it also places substantial additional strain on our judicial system.
Enough gaslighting – The law is crystal clear
Polela claims that the Board Notice case is “still in court” as if that statement alone is enough to change the principles enshrined in the law and validate their illegal “regime”. This is a blatant misrepresentation, there is no ruling in favour of the “regime” and until such time that a court finds different the Act reigns supreme. The High Court has already ruled that the Board Notice is unconstitutional and unlawful, stating: “It has no foundation for its existence anymore.”
Yet, the RAF continues to enforce an illegal regime, knowingly violating the Act and the rights of every road crash victim in South Africa.
The way forward
- The RAF must stop using misrepresentation as an excuse to defy court orders.
- Board Notice 271 must be withdrawn immediately, as ruled by the courts.
- The RAF must be held accountable for its refusal to follow the law and misrepresent itself to Parliament, the courts and the South African public.
South Africans fund the RAF through the fuel levy. They deserve an institution that upholds the law—not one that hides behind an unlawful “regime” of misinformation, misrepresentation and personal attacks to avoid paying rightful claims. The legal battles fought by practitioners are not about individuals like me. It’s about every South African road
crash victim being denied their right to compensation by an unlawful “regime”. The time for deception is over. It’s time for accountability.
#Conviction
