Road Accident Fund: legal concerns raised

In a statement on Wednesday 20 September, the Law Society of South Africa airs concern over the draft Road Accident Fund Amendment Bill 2023 that was published by the Department of Transport on 8 September for public comment to be made by 8 October.

The society said it is concerned over the "dire consequences" that will follow the enactment of this bill. It urges the public and relevant civic associations to voice their objections so that the bill "can be stopped in its tracks, or at least proceed to a full public participation process".

"The bill contains a number of significant changes, which will have far-reaching implications if enacted," reads the statement. "The rights of all drivers, passengers and pedestrians to claim compensation for injuries they suffer in a motor vehicle accident will be taken away. In its place will be significantly reduced social benefits."

Some consequences of the bill include:

the innocent injured party is still denied a common law claim against the guilty party for the balance of his or her loss;

all claimants will still have to prove that their injuries were suffered as a result of the negligence of the driver or owner of a motor vehicle;

all those using the roads will still have to contribute to the Road Accident Fund (the RAF) by way of the fuel levy, which is currently R2,18 per litre.

The fund receives more than R45-billion per year via the fuel levy.

The Law Society says the poor and disempowered, who make up the vast majority of claimants and who are compelled to use public transport, will bear the brunt of the consequences of these amendments. They will be forced into the public health system, as the prescribed tariffs will not cover the actual costs incurred at a private hospital.

Those who can afford it will be compelled to take out private accident cover for medical and other expenses as well as accident benefits.

Read more on the amendments of the bill at www. georgeherald.com.