RAF Crisis Deepens: Calls for Dedicated Tribunal as Court System Struggles – January 2026

State Attorney Demands RAF Tribunal to Address Court Crisis

South Africa’s Road Accident Fund faces mounting pressure for reform in January 2026, with the judicial system struggling under an unprecedented backlog of cases.

Dedicated RAF Tribunal Proposal Gains Support

On January 22, 2026, Simbongile Siyali, assistant State Attorney in Johannesburg, called for establishing a dedicated Road Accident Fund tribunal. Writing in De Rebus magazine, Siyali highlighted the “mounting backlog of RAF cases – often stretching into years before resolution.”

The proposed tribunal would:

• Develop specialized expertise in personal injury law
• Standardize damages assessment approaches
• Improve adjudication speed and fairness
• Reduce costs for claimants and the Fund

Political Backing for Reform

ActionSA MP Alan Beesley confirmed support for the tribunal, stating the RAF “is completely broken.” DA MP Patrick Atkinson agreed, noting it would help “speed up the finalisation of claims.”

R15 Million Fraud Case Exposes Corruption

In January 2026, disbarred attorney David Mashudu Netsitungulu appeared in court for allegedly stealing R15 million meant for 11 RAF claimants. The Hawks reported that while the RAF paid the money into his trust account between 2016-2020, none of the victims received compensation.

This follows similar cases, including Mpumalanga attorney Jo-Anne Mantladi Mmela’s 10-year sentence in 2025 for stealing R3.5 million from RAF claimants.

Mandatory Mediation System Fails

The mandatory mediation system designed to reduce court backlogs has been labeled “a failure.” In an unprecedented move, all RAF trial dates from January 1, 2026, were cancelled in “The Great RAF Roll Purge,” forcing complete court calendar restructuring.

Human Impact of Delays

As Siyali noted, “Many RAF claimants are individuals who have suffered serious bodily injuries, loss of income or the death of a breadwinner.” The delays leave accident victims in financial limbo while cases languish in an overburdened system.

What’s Next for 2026

Key developments expected include:

• Concrete steps toward tribunal establishment
• Mediation system reforms
• Enhanced anti-fraud measures
• Improved case management procedures

With cross-party political support and growing expert consensus, a dedicated RAF tribunal appears increasingly likely, potentially marking a turning point in addressing South Africa’s road accident compensation crisis.