Road Accident Fund South Africa: Key News & Updates – June 2026

The Road Accident Fund (RAF) in South Africa is once again at the centre of major legal, financial, and governance developments in 2026. From landmark Supreme Court of Appeal rulings to a looming financial crisis threatening the national fiscus, here is a comprehensive roundup of the most important RAF news as of June 2026.

1. Supreme Court of Appeal Overturns Unlawful RAF 1 Claim Form

In one of the most significant RAF rulings in recent years, the Supreme Court of Appeal (SCA) handed down judgment on 30 April 2026, declaring the revised RAF 1 claim form — introduced by the Minister of Transport in July 2022 — unlawful and invalid.

The 2022 form imposed strict documentation requirements at the point of lodging a claim, effectively turning what was once a gateway into a barrier. Weekly claim registrations plummeted from nearly 2,000 to just over 300 after the form was introduced. New claims fell from 328,173 in 2018/19 to just 65,732 in 2024/25.

The SCA found that:

• The RAF had no authority to prescribe binding claim requirements — that power rests with the Minister of Transport.
• The Minister’s approval of the revised form was also unlawful, as it lacked proper public participation and independent judgement.
• The revised form created barriers to entry by requiring extensive documentation upfront, departing from the established principle that substantial compliance is sufficient at lodgement.

As a result, the 2008 RAF 1 form has been reinstated as the applicable standard. Claimants whose submissions were rejected or not acknowledged under the 2022 regime may resubmit their claims by 30 September 2026, and those claims will be treated as if they were lodged on the original date — protecting them from prescription.

The Minister of Transport has been ordered to develop and publish a revised RAF 1 form within six months, this time following the proper legal process.

2. Up to 600,000 Rejected Claims to Be Revived — R180 Billion Financial Shock Looms

The financial implications of the SCA ruling are staggering. An estimated 600,000 claims were rejected under the unlawful 2022 form. At an average claim value of R300,000, this translates into approximately R180 billion in previously unrecorded liabilities — on top of the RAF’s already enormous existing debt.

ActionSA MP Alan Beesley has called on the Finance Minister to explain to Parliament how the national fiscus plans to absorb these liabilities. He warned that the ruling could push the RAF’s total liabilities to more than half a trillion rand — exceeding the financial burden posed by parastatals like Eskom and Transnet.

“The lack of rationality has had huge consequences not only to the RAF and road crash victims but also to the national fiscus,” said Beesley.

RAF law expert and attorney Gert Nel added that “phantom” claims — those lodged fully in compliance with the Act but not acknowledged by the fund — have already secured default judgments estimated at R4.8 billion that are now immediately payable.

The RAF’s Acting CEO, Radikwena Phora, said the fund welcomes the judgment as it provides clarity, and that the RAF is committed to its full implementation. The fund will engage with the Minister of Transport to adopt and publish a revised RAF 1 form within six months.

3. RAF Ordered to Pay R2.23 Million to Pedestrian — Punitive Cost Order Issued

In a separate but equally significant ruling, the Western Cape High Court ordered the RAF to pay R2.23 million to road accident victim Catherine Yiannakis — and slapped the fund with a punitive cost order for its conduct.

Yiannakis was injured as a pedestrian in a motor vehicle collision on 12 February 2018 and has been living in a long-term care facility ever since. Despite binding full court judgments and SCA confirmation of the RAF’s liability, the fund refused to pay her past hospital and medical expenses — arguing that her medical aid (Discovery Health) had already covered a portion of the costs.

Acting Judge M Louw found the RAF’s opposition to be “frivolous” and its conduct “wholly unacceptable,” stating:

“It is wholly unacceptable that the RAF persists in defending these hopeless matters, thereby wasting public resources, driving up legal costs for both the RAF and claimants, and compelling claimants to incur unnecessary expenses to enforce rights already established.”

The judge noted that it has become a recurring practice for the RAF to attempt to circumvent court orders through the issuing of internal directives — a pattern the court found untenable.

4. SCA Rules Foreign Nationals Entitled to RAF Claims

In another landmark ruling, the Supreme Court of Appeal upheld a High Court decision that foreign nationals — including undocumented persons — are entitled to claim and receive benefits from the Road Accident Fund.

The SCA confirmed that the interpretation of “any person” in the RAF legislation does not exclude foreign nationals from claiming under the scheme.

The Chairperson of the Portfolio Committee on Transport, Mr Donald Selamolela, welcomed the ruling, stating: “The RAF funding is intended for victims of road accidents, a purpose for which no one should interfere based on nationality.”

He called for a review and amendment of RAF legislation to formally accommodate foreign nationals, citing Botswana and Namibia as examples where foreign visitors are required to take out short-term insurance cover before entering the country.

ActionSA’s Beesley warned that the ruling will result in an additional influx of applications, placing further operational and financial pressure on the already strained fund.

5. RAF’s Financial Crisis: R518 Billion in Liabilities and Growing

The RAF is facing what many describe as an imminent financial collapse. The fund’s liabilities have soared past R518 billion, driven by stagnant fuel levies, financial mismanagement, and now the wave of revived claims following the SCA ruling.

Key financial concerns include:

• The RAF fuel levy — currently R2.25 per litre — has not kept pace with the fund’s growing liabilities.
• Parliament’s Standing Committee on Public Accounts (SCOPA) is finalising an inquiry report into the RAF, with MPs criticising the fund for appealing the High Court ruling on the illegality of the RAF 1 form.
• The RAF recently dropped its long-running legal fight against the Auditor-General over which accounting standards it should use — a dispute that had obscured the true extent of its financial exposure.
• An investigation into R1 billion in media contracts is ongoing.

Calls are growing for a major government bailout, with some analysts warning that without structural reform and increased funding, the RAF faces collapse.

6. RAF Settlement Drive and Operational Updates

On a more positive note, the RAF has been actively running Settlement Drives at hospitals across South Africa to fast-track the payment of claims. On 20 February 2026, the fund hosted the second instalment of its Settlement Drive at Ngwelezane Hospital.

The RAF’s new operating model aims to:

• Fast-track the payment of claims, with all new claims to be settled within 120 days.
• Reduce legal costs significantly.
• Improve claims administration and transparency.

The fund is also procuring a cloud-based integrated medical management solution to modernise its operations.

What This Means for RAF Claimants

If you or a loved one had a RAF claim rejected between July 2022 and now, here is what you need to know:

1. You may be eligible to resubmit your claim. The SCA ruling allows claimants whose claims were rejected under the 2022 RAF 1 form to resubmit using the 2008 form by 30 September 2026.
2. Your claim will be backdated. Successfully resubmitted claims will be treated as if they were lodged on the original date, protecting them from prescription.
3. Seek legal advice. RAF attorney Gert Nel advises claimants to issue proof that their original claim was submitted within three years of the accident and to include as many relevant documents as possible when resubmitting.
4. The RAF cannot refuse claims because your medical aid paid. Multiple court rulings have confirmed that the RAF remains liable for past medical expenses even if a medical aid scheme has already covered those costs.

Conclusion: A Fund at a Crossroads

The Road Accident Fund stands at a critical crossroads in 2026. A series of landmark court rulings have exposed years of unlawful administrative practices, while the fund’s financial position grows increasingly precarious. With up to 600,000 claims set to be revived and total liabilities potentially exceeding R500 billion, the pressure on both the RAF and the national fiscus is immense.

For road accident victims, however, the recent rulings represent a significant victory — restoring access to compensation that was unlawfully denied. The coming months will be crucial as the RAF works to implement the SCA’s orders, the Minister of Transport develops a new lawful claim form, and Parliament finalises its oversight report.

Stay informed about the latest Road Accident Fund news and updates by bookmarking this page. If you need assistance with a RAF claim, consult a qualified RAF attorney.