Road Accident Fund (RAF) South Africa: Key News, Court Rulings & Reform Updates – June 2026

Introduction

The Road Accident Fund (RAF) in South Africa continues to dominate headlines in 2026, with a series of landmark court rulings, ongoing payment delays, governance concerns, and reform efforts shaping the future of this critical public entity. Funded by a fuel levy of R2.25 per litre, the RAF is responsible for compensating victims of road accidents across South Africa — yet it carries an estimated R500 billion in unfunded liabilities. Here is a comprehensive roundup of the most important RAF news and developments as of June 2026.

1. Court Action Over 430+ Unpaid Finalised Claims

In one of the most significant legal developments of June 2026, de Broglio Attorneys launched a formal court application against the RAF following the continued non-payment of more than 430 finalised claims — despite settlement agreements having been concluded or court orders already granted.

The application seeks a court order compelling the RAF to provide full reasons and detailed explanations for its failure to effect payment in each matter where a settlement or court order exists but payment has not been made within the prescribed timeframe.

“These are not numbers on a spreadsheet. They are individuals whose lives have already been fundamentally changed by serious road accidents.” — Michael de Broglio, Director of de Broglio Attorneys

Among the affected claimants is Rory Meintjies, a 29-year-old who suffered a spinal cord injury and permanent paralysis from the waist down in a road accident four years ago. Despite a court award already being granted in his case, he and his family are still waiting for payment. In another case, Sanet du Toit, a Gauteng business owner who nearly died in a head-on collision, has been unable to run her koi farm and has relied on overdraft facilities of around R500,000 over two years — all while waiting for her RAF compensation.

According to de Broglio Attorneys, some claimants have waited more than two years after finalisation, and in some tragic cases, claimants have died before receiving their compensation. The firm has called for urgent engagement between the RAF, its board, and the Department of Transport to ensure finalised claims are paid within predictable and reasonable timeframes.

This legal action comes amid heightened scrutiny of the RAF’s governance, following Parliament’s Standing Committee on Public Accounts (SCOPA) laying criminal charges against former RAF CEO Collins Letsoalo for failing to comply with a parliamentary summons.

2. Supreme Court of Appeal Rules on Foreign Nationals’ Claims — R390 Million Liability

A landmark ruling by the Supreme Court of Appeal (SCA) has significantly expanded the RAF’s financial exposure. The SCA ruled that the RAF must compensate all road accident victims, including undocumented foreign nationals, finding that the phrase “any person” in the RAF Act includes individuals regardless of their immigration status.

The ruling overturned a RAF directive that required foreign nationals to prove legal presence in South Africa at the time of injury in order to claim compensation. A full bench of three judges, led by Judge Norman Davis, set aside this directive.

Minister of Transport Barbara Creecy revealed that the RAF could face at least R390 million in additional liability as a result of this ruling, as claims previously classified as non-payable could now become payable.

“According to the latest version of the Requested Not Yet Paid (RNYP) register, a total of R390 million relates to illegal foreigners. These have been deemed non-payable matters, but the Supreme Court of Appeal ruling makes them payable.” — Minister Barbara Creecy

The RAF Board is still taking legal advice on whether to seek leave to appeal the ruling at the Constitutional Court. The Parliament’s Transport Committee Chairperson welcomed the ruling, noting that “RAF funding is intended for victims of road accidents, a purpose for which no one should interfere based on nationality.”

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

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

The RAF had argued that more than five years had passed before summons were issued. However, the court found that the RAF had effectively acted as the plaintiff’s legal representative through its internal claims systems and was therefore under a duty to manage the claim properly. The RAF had allowed almost the entire five-year prescription period to lapse without finalising the claim or alerting the plaintiff to the risk of prescription.

The court ruled that it would be unfair to expect the plaintiff’s attorneys to act with undue haste within a significantly shortened period when the RAF Act affords claimants five years to institute a claim. The special plea was dismissed, and the RAF was ordered to pay the plaintiff’s costs.

This judgment reinforces the principle that the RAF cannot benefit from delays of its own making — a critical protection for road accident victims navigating the claims process.

4. RAF Shows Signs of Recovery — But Reform Must Accelerate

Despite the challenges, Parliament’s Portfolio Committee on Transport Chairperson Donald Selamolela stated in February 2026 that the RAF is “on the road to recovery,” with governance improvements and operational stabilisation underway.

“We are satisfied that indeed there is work happening to improve governance and stabilise the operation of RAF. The committee accepts that RAF is a challenged entity of government, besieged by historical factors that unnecessarily frustrated the work of the entity.” — Chairperson Donald Selamolela

Deputy Minister of Transport Mkhuleko Hlengwa accompanied the RAF before the committee, stating that reforming the RAF remains a priority and that direct claims are an immediate area of attention. He likened the reform process to “fixing an aeroplane while airborne.”

The committee called on the Department of Transport to move with speed to review RAF legislation to close all loopholes, and urged the RAF to accelerate its reform efforts.

5. RAF’s Position on the RAF 1 Form — Supreme Court Judgment (May 2026)

In May 2026, the RAF issued a formal media statement regarding the Supreme Court of Appeal’s judgment against the RAF 1 Form. The RAF 1 Form is the standard claim form used by claimants to lodge their claims with the Fund. The SCA’s ruling has implications for how claims are processed and what documentation is required, further adding to the administrative and financial pressures facing the Fund.

6. RAF Empowers Youth Through Driver Training and Road Safety Initiatives

On a more positive note, the RAF released a media statement on 17 June 2026 highlighting its commitment to road safety and youth empowerment. The Fund has been running driver training and road safety initiatives targeting young South Africans, in line with its mandate to not only compensate accident victims but also to prevent road accidents in the first place.

This initiative is particularly relevant given that the RAF has previously recorded a staggering number of youth deaths and personal injury claims, underscoring the urgent need for road safety education among young drivers.

7. RAF’s Massive Debt and Potential Government Bailout

The RAF’s financial situation remains dire. The Fund carries an estimated R500 billion in unfunded contingent liabilities, a portion of which is attributable to the Fund rejecting or delaying valid claims. Analysts and legal experts have warned that the RAF may require a major government bailout to remain operational.

Over the period from 2018/19 to 2024/25, new RAF claims fell dramatically from 328,173 to 65,732, while finalised claims declined from 229,534 to 78,384. While this reduction in claims volume may appear positive, it has also raised concerns about whether the RAF’s new strategy — which prioritises early investigation and settlement of claims within 120 days — is being implemented effectively.

Key Trends and Takeaways for RAF Claimants in 2026

• Payment delays remain a critical issue: Hundreds of claimants with finalised settlements or court orders are still waiting for payment, sometimes for more than two years.
• Legal accountability is increasing: Courts are consistently ruling against the RAF when it attempts to use procedural technicalities to avoid paying valid claims.
• Foreign nationals now have full claim rights: The SCA ruling confirms that undocumented foreign nationals are entitled to RAF compensation, significantly expanding the Fund’s liability.
• Governance reforms are underway: Parliament and the Department of Transport are actively pushing for faster reform, but challenges remain significant.
• Road safety remains a priority: The RAF continues to invest in driver training and road safety education to reduce the number of accidents and future claims.

What Should You Do If You Have a Pending RAF Claim?

If you have a pending RAF claim or have been waiting for payment on a finalised claim, it is important to:

1. Consult a qualified RAF attorney who can advise you on your rights and the status of your claim.
2. Keep records of all correspondence with the RAF, including dates and reference numbers.
3. Be aware of prescription periods — you generally have three years from the date of the accident (or from when you became aware of the claim) to lodge a claim, and five years to institute legal proceedings.
4. Follow up regularly on the status of your claim, especially if it has been finalised but payment has not been received.

Conclusion

The Road Accident Fund remains one of South Africa’s most complex and financially strained public entities. While there are signs of recovery and reform, the persistent payment delays, mounting legal challenges, and expanding liabilities paint a picture of an institution under severe pressure. For the hundreds of thousands of South Africans who depend on the RAF for compensation after life-altering road accidents, the pace of reform cannot come soon enough.

Stay tuned to this blog for daily updates on the latest RAF news, court rulings, and developments affecting road accident victims across South Africa.

Sources: Moneyweb, IOL Business, Africa24TV, Webber Wentzel, RAF Media Center (raf.co.za), Parliament of South Africa