Road Accident Fund South Africa: Latest News and Developments January 2026

The Road Accident Fund (RAF) continues to make headlines in South Africa as 2026 begins, with significant developments ranging from calls for judicial reform to high-profile fraud cases and substantial court awards. Here’s a comprehensive overview of the latest RAF news that’s shaping the landscape for accident victims and legal practitioners alike.

State Attorney Calls for Dedicated RAF Tribunal

In a groundbreaking development, Simbongile Siyali, the assistant State Attorney in Johannesburg, has formally called for the establishment of a dedicated tribunal to handle Road Accident Fund cases exclusively. This proposal, published in the Law Society of South Africa’s magazine De Rebus in December 2025, addresses the mounting crisis facing South Africa’s judicial system.

Why a RAF Tribunal is Needed

The current system is overwhelmed, with thousands of RAF cases clogging the courts and creating backlogs that stretch for years. Siyali emphasizes that this situation has “eroded public confidence in the system” and places an unfair burden on claimants who are often dealing with serious injuries, loss of income, or the death of a breadwinner.

Key benefits of a specialized RAF tribunal would include:

• Faster case resolution: Dedicated adjudicators with expertise in personal injury and insurance law
• Cost-effectiveness: Reduced litigation expenses for both claimants and the Fund
• Standardized approaches: Consistent damage assessments and improved fairness
• Institutional expertise: Specialized knowledge in handling technical RAF matters

Political Support Growing

The proposal has garnered support from multiple political parties:

• ActionSA MP Alan Beesley stated that the RAF “is completely broken” and supports the tribunal establishment
• DA MP Patrick Atkinson endorsed any action that would streamline RAF claim resolution
• Wayne Duvenage from OUTA expressed support, citing poor management and political interference over the past 15 years

Major Fraud Case: R15 Million Allegedly Stolen from RAF Victims

In a shocking case that highlights ongoing issues with RAF fund management, David Mashudu Netsitungulu, a 48-year-old disbarred attorney, appeared in the Johannesburg Magistrate’s Court on January 16, 2026, facing charges of theft and fraud involving R15 million.

Case Details

According to the Hawks (Directorate for Priority Crime Investigation):

• Netsitungulu submitted RAF claims between January 2016 and December 2020
• The RAF paid approximately R15 million into his trust account
• None of the 11 accident victims allegedly received their compensation
• The funds were allegedly diverted for personal use

The accused was granted bail of R20,000, with the case postponed to March 3, 2026. This case follows a similar pattern, with another attorney, Jo-Anne Mantladi Mmela, sentenced to 10 years imprisonment in 2025 for stealing R3.5 million from RAF claimants, including a severely injured child.

Significant Court Award: R3.7 Million for Motorcycle Accident Widow

In a positive development for RAF claimants, the Northwest High Court in Mafikeng awarded a widow and her two minor children R3.7 million following the death of their husband and father in a motorcycle accident.

Court Considerations

Acting Judge M Wessels carefully considered several factors in determining the award:

• Legal duty to support: Confirmed under the Constitution and Children’s Act
• Remarriage contingency: Applied 20% reduction instead of the suggested 53% based on personal circumstances
• Family dynamics: Considered the impact of the deceased’s extramarital affair on remarriage prospects
• Financial independence: Recognized the widow’s four years of independent care under challenging circumstances

The judge emphasized that damages should “adequately compensate for material losses incurred, rather than augment the claimant’s financial position beyond the actual support loss.”

RAF System Challenges Continue

The Road Accident Fund, which receives most of its income from the RAF levy (currently R2.18 per litre on petrol and diesel), continues to face systemic challenges:

Judicial Criticism

Judge Jan Swanepoel of the North Gauteng High Court has criticized the RAF’s “chaotic approach to litigation,” noting that it results in:

• Huge losses of public money
• Default judgments due to poor case management
• Baseless applications to rescind judgments
• Inadequate legal representation in court

Parliamentary Oversight

The Standing Committee on Public Accounts (SCOPA) is currently conducting an inquiry into the RAF, with members describing the situation as a “horror show” that requires urgent intervention.

Looking Ahead: Reform Prospects for 2026

As 2026 progresses, several key developments are expected:

Potential Reforms

• RAF Tribunal establishment: Growing political support may lead to legislative action
• Settlement system improvements: Proposals for transparent payout menus to reduce court cases
• Enhanced oversight: Continued SCOPA investigations and recommendations
• Legal practitioner accountability: Stricter controls on trust fund management

Impact on Claimants

These developments could significantly improve the experience for RAF claimants by:

• Reducing waiting times for compensation
• Providing more predictable outcomes
• Lowering legal costs
• Improving protection against fraud

Conclusion

The Road Accident Fund remains at a critical juncture in 2026. While challenges persist, including fraud cases and system inefficiencies, there are promising signs of reform. The proposed RAF tribunal represents a potential game-changer that could address many of the current system’s shortcomings.

For accident victims and their families, these developments offer hope for a more efficient, fair, and accessible compensation system. However, the success of any reforms will depend on proper implementation, adequate funding, and continued oversight to prevent the issues that have plagued the RAF for years.

As the year progresses, stakeholders will be watching closely to see whether the political will exists to implement meaningful change and restore public confidence in this vital social safety net.

Key Takeaways for 2026:

• RAF tribunal proposal gaining political momentum
• Continued vigilance needed against attorney fraud
• Courts still awarding significant compensation to deserving claimants
• System reform remains urgent priority
• SCOPA inquiry may drive legislative changes

Stay updated with the latest RAF developments by following our blog for regular updates on South African legal and insurance matters.