Road Accident Fund South Africa: Key Updates, Court Rulings & Reform Proposals – May 2026

The Road Accident Fund (RAF) in South Africa continues to make headlines in 2026, with a wave of landmark court rulings, mounting financial pressures, and growing calls for systemic reform. From the Supreme Court of Appeal overturning controversial claim requirements to actuaries proposing a hybrid compensation model, here is everything you need to know about the latest RAF developments as of May 2026.

1. Supreme Court Orders RAF to Revive Hundreds of Thousands of Rejected Claims

In one of the most significant RAF rulings of the year, the Supreme Court of Appeal (SCA) found that stricter claim requirements introduced via the new RAF1 Form — published by the Minister of Transport in July 2022 — were unlawful and unfair. The new requirements had replaced the old claim forms, which did not require claimants to submit all supporting documents at the time of lodging a claim.

The SCA ruled that the RAF must allow claimants whose submissions were rejected under these unlawful requirements to re-lodge their claims by the end of September 2026.

Acting CEO of the RAF, Radikwena Phora, welcomed the judgment, stating that the fund is studying it in detail and is committed to full implementation. The RAF will also engage with the Minister of Transport to adopt and publish a revised RAF1 Form within six months.

RAF law expert and attorney Gert Nel estimates that approximately 600,000 claims were rejected under the new form and will now need to be re-lodged. He also warned of a separate crisis involving “phantom” claims — claims lodged in full compliance with the Act but not acknowledged by the RAF — which have since secured default judgments estimated at R4.8 billion that are now immediately payable.

“The RAF needs to start paying — some of these victims had already died in the process of waiting.” — Gert Nel, RAF Law Expert

2. RAF Ordered to Pay 209 Victims R47 Million in 30 Days

The Klerksdorp Regional Court compelled the RAF to comply with all valid and existing court orders granted in favour of 209 road accident victims, ordering the fund to pay a combined total of more than R47.3 million within 30 days.

The ruling, handed down by Regional Court Magistrate MB Mamana, came after law firm Theron, Jordaan & Smit Inc launched an application to enforce multiple final court orders that the RAF had failed to honour. The RAF’s defence — that it could not process payments because claims were “not registered” on its internal system — was firmly rejected by the court.

Magistrate Mamana ruled that internal administrative errors cannot override valid court orders, and that the RAF’s conduct “reflects a systemic failure to discharge its obligations.” The court granted mandamus (judicial command) relief, compelling the RAF to take the necessary steps to give effect to the orders.

This ruling followed the SCA ordering the RAF to pay Sunshine Hospital (Newnet Property Pty Ltd) over R92 million within seven days — another stark illustration of the fund’s growing non-compliance crisis.

3. RAF Cannot Benefit From Its Own Delays: Special Plea Dismissed

In the matter of Cele v Road Accident Fund [2026] ZAMPMBHC 2 (21 January 2026), the court dismissed a special plea by the RAF that a claimant’s case had prescribed (lapsed due to time).

The RAF had handled the claim for most of the five-year prescription period before the claimant terminated the RAF’s mandate and appointed private attorneys. The court found that the RAF, through its internal claims systems, had effectively acted as the plaintiff’s legal representative and was under a duty to manage the claim properly.

The court ruled that the claim had not prescribed, and that it would be unfair to expect newly appointed attorneys to act with undue haste within a significantly shortened period caused by the RAF’s own delays. The RAF was ordered to pay the plaintiff’s costs.

4. Foreign Nationals Entitled to RAF Claims: Parliament Welcomes SCA Ruling

The Portfolio Committee on Transport welcomed a Supreme Court of Appeal ruling confirming that foreign nationals are entitled to claim and receive benefits from the RAF. The SCA upheld a High Court ruling that the interpretation of “any person” in RAF legislation does not exclude foreign nationals from claiming under the scheme.

Committee Chairperson Donald Selamolela noted that the ruling aligns with the long-overdue review and update of RAF legislation, a process the Minister of Transport has committed to initiating during this term. He cited Botswana and Namibia as case studies where foreign nationals are required to take out 90-day insurance cover before entering the country as a potential legislative model for South Africa.

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

5. Actuarial Society Proposes Hybrid Model to Replace Failing RAF System

With the RAF considered technically bankrupt — carrying liabilities exceeding R518 billion — the Actuarial Society of South Africa (ASSA) has released a landmark research paper proposing a hybrid compensation model to replace the current system.

ASSA actuary George Schwalb, part of the research team, noted that more than 11,000 lives were lost in road accidents in 2025, while many victims or their families received no financial compensation due to the RAF’s insolvency. Some claims relating to accidents that occurred more than 20 years ago are only now proceeding to trial.

The ASSA study compared three systems:

• The current RAF system
• The proposed no-fault Road Accident Benefit Scheme (RABS)
• Compulsory third-party insurance offered by private insurers

The researchers concluded that none of these systems are viable on their own, and recommended a hybrid solution incorporating elements of all three. One proposed model would provide:

• Basic no-fault benefits for medical care and rehabilitation
• Fault-based liability insurance for additional damages
• Delivery through a public-private partnership involving the current RAF and private insurers, under strong regulatory oversight

6. RAF Financial Crisis: R518 Billion in Liabilities and Stagnant Levies

The RAF’s financial situation remains dire. The fund faces an imminent financial crisis, with liabilities soaring past R518 billion amid stagnant fuel levies and ongoing financial mismanagement. The Department of Transport has warned of a major fiscal risk, with the fund described as technically bankrupt.

The RAF is funded primarily through the fuel levy paid by South African motorists. However, with the levy failing to keep pace with the fund’s growing liabilities and the volume of claims, the gap between income and obligations continues to widen.

Parliament’s Standing Committee on Public Accounts (SCOPA) has also been active, with the former RAF CEO Collins Letsoalo having referred a dispute with the fund to the CCMA, and SCOPA initiating processes to potentially criminally charge the former CEO and board members.

What This Means for RAF Claimants in 2026

If you have a pending or previously rejected RAF claim, here is what you need to know:

• Rejected claims under the new RAF1 Form: You may be eligible to re-lodge your claim. Ensure you have proof that your original claim was submitted within three years of the accident. Consult an RAF attorney for guidance.
• Existing court orders: If you have a court order against the RAF that remains unpaid, you may be entitled to seek mandamus relief to compel payment.
• Prescription concerns: If the RAF handled your claim and caused delays, courts have shown willingness to protect claimants from prescription running against them due to the RAF’s own failures.
• Foreign nationals: You are legally entitled to claim from the RAF following the SCA ruling.

Conclusion: A Fund at a Crossroads

The Road Accident Fund is at a critical juncture. Courts are increasingly holding the fund accountable for systemic failures, while actuaries and policymakers are urgently calling for structural reform. With over R518 billion in liabilities, hundreds of thousands of rejected claims now eligible for re-lodgement, and a growing backlog of unpaid court orders, the pressure on the RAF — and on government to act — has never been greater.

For road accident victims and their families, staying informed and seeking qualified legal advice remains essential. The legal landscape is shifting rapidly, and recent court rulings have significantly strengthened the rights of claimants.

Stay tuned to this blog for daily updates on the Road Accident Fund and South African road safety news.