The investigation into the Road Accident Fund has uncovered a significant rise in default judgments, accumulating to R4.7 billion from 2018 through the second quarter of 2023.
A challenge to the RAF’s failings must consider the complex inter-governmental duties on which the social security scheme depends, judge says.
In 2022, the High Court ruled that the fund could not withhold payments for past medical expenses covered by medical schemes.
It says the RAF board and executives should be held personally responsible for the expenses incurred in the ‘irresponsible’ court action against the Auditor-General.
The chairperson of the RAF board and the fund’s chief executive recently faced legal action for failing to accept delivery of documents pertaining to a claim for compensation.
Despite Parliament’s commitment to prioritise the Road Accident Amendment Bill, there has been no further communication about the comments submitted on the draft legislation.
The recent ruling by the High Court underscores the Road Accident Fund’s obligation to reimburse medical scheme members for past medical expenses covered by the injured person’s medical scheme after a motor vehicle accident.
Research on behalf of the Actuarial Society recommends prohibiting individuals with minor injuries from submitting loss of income claims.
The draft legislation allegedly restricts a road accident victim’s right of access to the courts and does away with general damages compensation.
