Crash victims, families left destitute as RAF drags feet on payments
The fund recently conceded it had a payment backlog of about R20 billion and said it was racing to address it.
Many South African road accident victims and their families are facing financial hardship due to delays in receiving compensation from the Road Accident Fund (RAF). A backlog of approximately R20 billion in payments has been acknowledged by the fund, but they are struggling to address the issue in a timely manner. These delays have severe consequences for families whose primary breadwinners have suffered permanent injuries and are unable to work.
One such victim is Hitler Mapolisa, a Zimbabwean-born ex-Bolt driver who was involved in a serious car accident in Johannesburg on December 19, 2021. Mapolisa sustained injuries that left one of his hands functioning improperly and he is now unable to perform his previous job as a driver. The court ordered the RAF to pay him within 14 days, but the fund claims it will only do so after 180 days.
Mapolisa argues that he holds a Zimbabwean Exemption Permit (ZEP) and disputes the RAF's claim that he was not legally in South Africa at the time of the accident. A 2025 High Court order states that if the payment is not made within 180 days, interest will accrue at an annual rate of 11%. The RAF has until May 20, 2025, to decide on his claim for general damages.
Another victim affected by delayed RAF payments is Elnestie Smit, whose daughter was involved in a collision near Nigel in Ekurhuleni. Smit expected payment in September of the previous year but had to take out a loan while waiting for the RAF. When the RAF eventually paid, about R700,000 went towards settling the loan, but they still owe her approximately R500,000 in interest that accumulated during the delay.
Smit's bookkeeping profession has been impacted by her injuries and inability to sit for long periods. Lauren Fletcher, Smit's lawyer, emphasizes that she represents tens of thousands of claimants waiting for payment. Fletcher notes that enforcing court orders against the RAF is challenging due to frequently failing writs of execution, RAF bank accounts being emptied shortly after deposits, and the RAF's frequent changes to bank accounts, making attachment of funds difficult.
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