Road Accident Fund’s discriminatory directive challenged in court

In yet another legal challenge against the embattled Road Accident Fund (RAF), its new, discriminatory directive is being challenged in the Gauteng High Court, Pretoria.
The matter involves whether all foreigners – or only those able to provide proof of being in the country legally at the time of injury – can claim compensation here.
Kirstie Haslam, a partner at DSC Attorneys, said that up to last year, RAF compensation was available to any person injured in a road accident in South Africa, regardless of their immigration status.
However, in June last year, the RAF published a new directive, stating a claim by a foreigner would be rejected if the claimant couldn’t show documentary proof they were in South Africa legally.
“Before this new directive, the legality of their residence in South Africa did not preclude foreigners from claiming from the RAF,” Haslam said.
Haslam said it was important to acknowledge the reality that dysfunction on the part of South African Home Affairs departments exacerbated many immigrants’ efforts to obtain legal status in South Africa.
The directive and new form are being challenged in court by a Zimbabwean victim of a road traffic accident, Adam Mudawo
Mudawo suffered serious facial disfigurement when a vehicle swerved into his lane and crashed into his motorcycle.
He came to South Africa as an asylum seeker in 2020 but his permit has lapsed.
The new directive precludes him from being eligible to lodge a RAF claim.
His legal team will argue the new directive is unconstitutional and not in line with the Promotion of Equality and Prevention of Unfair Discrimination Act.