Road Accident Fund News Update: Major Court Awards and Legislative Reforms in January 2026

The Road Accident Fund (RAF) continues to face significant legal challenges as South African courts award substantial compensation to accident victims. In the first week of January 2026, two major court decisions have highlighted both the RAF’s ongoing operational issues and the substantial financial impact on the fund.

Johannesburg High Court Orders R2 Million Payment

On January 10, 2026, the Gauteng High Court in Johannesburg ordered the Road Accident Fund to pay over R2 million in damages to a 35-year-old Malawian national following a car accident in Sandton in August 2022. This case resulted from a default judgment after the RAF failed to respond promptly to summons served in May 2024.

The plaintiff, who worked as a gardener and handyman, sustained a serious wrist injury that has limited his ability to return to his previous work. Acting Judge C Bhoola made an important ruling, stating that the absence of a work permit does not disqualify the plaintiff from receiving compensation.

Northwest High Court Awards R3.7 Million to Family

The Northwest High Court in Mafikeng awarded R3.7 million to a widow and her two minor children following the death of their husband and father in a motorcycle accident. The court applied a 20% remarriage contingency while considering the widow’s personal circumstances.

RAF’s Operational Challenges

These cases highlight persistent issues within the Road Accident Fund’s operations, particularly delayed responses to legal proceedings. The fund collected R50.1 billion from the RAF levy on petrol and diesel, yet continues to struggle with timely claim processing.

Legislative Reform: RAF Bill Under Review

The South African government has initiated a second round of nationwide public consultations on the proposed Road Accident Fund Bill. Stakeholders are pushing for faster emergency care provisions and improved coordination in post-crash responses.

Looking Ahead

The early 2026 developments suggest increased court intervention, higher compensation awards, and momentum for reform. The RAF must urgently address procedural deficiencies while the legislative reform process continues throughout 2026.