Section 1 of the road accident fund act, 1996 act no. Objectives of the act the rafa is the law, which regulates and administers the compulsory road accident insurance. The road accident fund amendment act 19 of 2005 came into effect on 1 august 2008. In practice this caused much difficulty for the victims attorneys since the. Be it enacted by the parliament of the republic of south africa, as follows. The object of the fund is the payment of compensation in accordance with the raf act. Rectifying the mvumvu disparity the road accident fund. Workers disability compensation act of 1969 state of michigan. Multilateral motor vehicle accident fund no clear object, preamble. The road accident fund was established under the road accident fund act, 56 of 1996 the raf act to pay compensation for loss or damage wrongfully caused by the driving of motor vehicles. Assessment of serious injury in terms of section 171a 1 a a third party who wishes to claim. Pdf the raf amendment act 19 of 2005 came into effect on 1 august 2008 and.
This year, the fund is celebrating 20 years of caring for road. Pdf the interpretation of the amended raf act 56 of 1996 and the. To provide for the establishment of the road accident fund. Gabuza v road accident fund 7052416 2018 zagpphc 634. The road accident fund raf or fund is a specialised statutory insurance entity paying compensation to injured road. Procedure and practice applicable in personal injury proceedings. A critical evaluation of the rabs bill and the common law.
Further provision in respect of claim for loss of income or support in terms of section 174c. The road accident fund act 56 of 1996 the raf act deals with the establishment of the road accident fund the fund and matters connected therewith. Act to amend the road accident fund act, 1996, so as to extend the powers of the fund regarding the conclusion of agreements. The applicants sought a declaration that s 181 and 2 of the road accident fund act the act are inconsistent with the constitution and invalid to the extent that they limit the claims against the second respondent, the road accident fund the fund. This act limits the road accident fund s liability for compensation in respect of claims for nonpecuniary loss to instances where a serious injury has been sustained. Changes to road accident fund compensation dsc attorneys.
Amendment of section 1 of act 56 of 1996, as amended by section 125 of act 31 of 2005 1. Regionally and internationally to exchange best practice. The amendment act limits the road accident fund s rafs liability for. Section 171b of the road accident fund act of 1996,1 the act as amended by the road accident fund amendment act of 20052 the amendment act with effect from 1 august 2008, provides amongst others that the road accident fund. The provisions discussed in this article affect persons injured in motor vehicle accidents that occurred on or after 1 august 2008 only. The act was amended in 2008 in an attempt to sustain the fund financially and simplify the claims procedure. The road accident fund transitional provisions act 15 of 2012 the transitional act came into operation with effect from february 20. Further provision for liability of fund in terms of section 171b 3. In terms of the act and the regulations your claim for nonpecuniary loss must be supported by a serious injury assessment report, indicating that the injury has been assessed as serious by a medical practitioner and the fund must be satisfied that the injury. The raf has established a juristic entity known as the road accident fund fund. The claim is made in terms of the road accident fund act the act, which deals with the liability or otherwise of the defendant. A medical practitioner has to determine whether or not the claimant has suffered a serious injury by undertaking an. The road accident fund raf is a governmentrun insurance scheme operating in terms of the road accident fund act 56 of 1996 as amended.
The raf is responsible for the payment of compensation in accordance with the act for loss or damage wrongfully caused by the driving of motor vehicles. S 4, 6, 1012, 1719, 21, 23, 26 amended by raf amendment act 43 of 2002 from 4 dec 2002. This act shall be called the road accident fund act, 1996, and shall come into operation on a date fixed by the president by proclamation in the gazette, except section 10, which shall be deemed to have come into operation on 21 april 1996. Road accident fund raf parastatal motorvehicle insurer in south africa 2017 annual report negative nav usd. This act shall be called the road accident fund act, 1996, and shall come into operation on a date fixed by the president by proclamation in the gazette, except section 10. The road accident fund act 56 of 1996 and serious injuries. The compensation paid by the fund is determined by the rafa and regulations. The raf act of 1996 was amended and as a result the raf amendment act 19 of 2005 came into operation on the 01 august 2008. Road accident fund the criteria for claiming youtube. The road accident fund provides compulsory cover to all users of south african roads against injuries sustained or death arising from accidents involving motor vehicles within the borders.
The raf act of 1996 was amended and as a result the raf amendment act. In its current form, the road accident fund was originally governed by the raf act 56 of 1996. As the existing faultbased compensation system administered by the road accident fund, established by the road accident fund act, 1996 act no. Adjustment of statutory limit in respect of claims for loss of income and loss of support. A medical practitioner has to determine whether or not the claimant has suffered a serious injury. As explained by klopper, because of the contents of section 21 of the raf act 56 of 1996, it was previously accepted that a driver who was a joint wrongdoer could not be personally held liable.
S 10 amended by revenue laws amendment act 19 of 2001. The transitional act was introduced to address the. In terms of the act and the regulations your claim for nonpecuniary loss must be supported by a serious injury assessment report, indicating that the injury has been assessed as serious by a medical practitioner and the fund must be satisfied that the injury has been correctly assessed as serious. S 4 amends financial supervision of the road accidents. A road accident fund claim, also known as a third party claim, is a claim which can be instituted to recover compensation on behalf of any person who suffered damage as a result of bodily injury to. To amend the road accident fund act, 1996, so as to authorise the fund to make financial contributions to road safety projects and programmes approved by the minister. The road accident fund is a national public entity established for the purpose of paying compensation in accordance with the provisions of the road accident fund act, 1996 act no. Abbreviationsacronyms agsa auditorgeneral of south africa amendment act raf amendment act, 2005 act no. The road accident fund amendment bill, 2017 the proposed amendments to the principal act, as contained in the raf amendment bill of 2017, is intended to address specific aspects of the principal act to support effective financial management and improve the timely, efficient and costeffective delivery to road accident. It is an organ of state created in order to pay compensation to road accident.