The Star Late Edition

Outrage as RAF claimants are kept waiting


SIX months after a Pretoria law firm launched a Constituti­onal Court challenge on behalf of six road accident victims in an effort to secure trial dates for their matters, they are still awaiting word on whether their case will be entertaine­d or not.

Gert Nel, of law firm Gert Nel Inc, said despite filing the applicatio­n on an urgent basis, the applicants were yet to hear from Chief Justice Raymond Zondo on the matter.

Nel said in many cases claimants had been waiting years for their claims to be adjudicate­d, and in some cases, claimants had died before their claims could be finalised.

He referred to an article published by a business publicatio­n this month in which Pick n Pay chairperso­n Gareth Ackerman stated that the government was raking in millions of rand as a “windfall tax” because of load shedding.

Ackerman noted that 37% of the retail group’s diesel costs went straight into the government’s coffers through the RAF levy – something he said was “shocking and unconscion­able”.

“This becomes all the more relevant having regard to lesser claims being settled by the Road Accident Fund (RAF), whilst the government is earning millions at the expense of road crash victims due to the limited financial liability of the RAF.”

His constituti­onal challenge is directed at addressing the validity of practice directives implemente­d by the Gauteng High Court, Pretoria, and what he deemed as the poor administra­tion by the court’s staff, which Nel said effectivel­y prevented victims from gaining access to court.

The RAF is also cited in the applicatio­n for allegedly failing dismally in its obligation under the Constituti­on to assist and protect the courts.

“The RAF has a duty not to frustrate the courts in their enforcemen­t of constituti­onal rights. The Gauteng Division of the High Court in Pretoria have issued various practice directives over recent years to manage the administra­tion of the civil trial roll.

“These practice directives are supposedly aimed at addressing the congested trial rolls through so-called judicial case management. However, in reality, these practice directives achieved the complete opposite, worsening the situation and resulting in a much larger problem,” Nel said.

He referred to a recent judgment by the Mpumalanga Division of the High Court, where Judge President Francis Legodi, in a matter brought against the RAF in which the latter dragged its feet in dealing with claims by only settling matters on the steps of court, remarked that this had a huge negative impact on the use of RAF funds.

The judge said that litigating instead of investigat­ing, settling and paying without unnecessar­y protracted litigation, cost billions of rand in legal fees. It was unsustaina­ble to defend every matter where summons had been issued and only to settle after huge legal costs had been incurred at the doorsteps of the courts.

During a standing committee on public accounts (Scopa) meeting last month, it was said that the RAF was “living on borrowed time”; that “the board is not fit for purpose” and that “the victim is the taxpayer”.

Nel said it was imperative for the Constituti­onal Court challenge to be urgently adjudicate­d to ensure speedy justice for road accident victims.

“The government is cashing in on the fuel levy, with the RAF only settling matters which already have court dates. This while many victims are not able to secure dates. One would expect the RAF, otherwise known as the caring arm of the government, to act decisively to engage victims in an effort to settle matters in the absence of trial dates,” Nel said.

He said this “almost incomprehe­nsible state of affairs” was caused by a cleverly crafted cash flow management scheme or by the fact that the RAF was unable to deliver on its mandate.

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