Road Accident Fund South Africa: Key Updates and Funding Crisis in 2026

The Road Accident Fund (RAF) in South Africa is facing one of its most turbulent periods yet in 2026. From a landmark Supreme Court of Appeal ruling that triggered a flood of nearly 160,000 new claims, to R21.7 billion in unpaid finalised claims and a government review of the fund’s entire financing model, the RAF is under immense pressure. Here is a comprehensive roundup of the latest news and developments.

1. SCA Ruling Triggers Surge of Nearly 160,000 New RAF Claims

The Supreme Court of Appeal (SCA) judgment handed down on 30 April 2026 set aside the RAF’s 2022 revised claim form and reinstated the original 2008 RAF 1 Form. This ruling opened the floodgates for a massive wave of previously rejected claims to be resubmitted.

By 1 July 2026, the RAF had already received 62,643 claims in the post-judgment stream. The RAF projected a further 96,948 claims to arrive before the 30 September 2026 deadline, bringing the total to an estimated 159,591 claims. The potential financial liability is approximately R45.3 billion.

The SCA found that the RAF did not have the authority to impose additional binding documentation requirements on claimants, and that the Minister of Transport’s approval of the revised form was unlawful. Claimants whose submissions were rejected under the 2022 regime can resubmit using the 2008 RAF 1 Form by 30 September 2026.

2. Foreign Nationals Win Right to Claim from the RAF

In April 2026, the SCA confirmed that all foreign nationals, including undocumented immigrants, are entitled to claim compensation from the Road Accident Fund. The court held that the RAF’s obligation to compensate any person under Section 17(1) of the RAF Act extends to all road users regardless of immigration status.

Transport Minister Barbara Creecy revealed that 13,127 foreign-related claims worth R23.3 billion were lodged against the RAF between 2021 and 2026. The highest single-year figure was R8.5 billion in 2025/26.

3. R21.7 Billion in Finalised Claims Still Unpaid

As at 28 June 2026, the RAF’s Requested Not Yet Paid (RNYP) Claims Register showed 37,622 unpaid claims worth R21.76 billion. The main reasons for delayed payments include outstanding compliance checks affecting nearly R11 billion in claims, verification delays affecting R9.1 billion, and missing documents affecting R1.7 billion. Many claims date back to 2007.

4. RAF Paid R8.9 Billion in Q1 2026/27

Despite its financial challenges, the RAF paid R8.9 billion on 80,665 claims during the first quarter of 2026/27 (April to June 2026), a 54% increase from the previous year.

5. Government Reviews RAF Funding Model

The Department of Transport has launched a formal review of the RAF’s funding framework. Options being considered include a new mandatory fee linked to annual vehicle licence renewals. The department is also reviewing the Road Accident Bill, which proposes transitioning to a no-fault compensation system to reduce the state’s contingent liability.

6. RAF Carries R500 Billion in Debt

The RAF carries an estimated R500 billion in total debt. Every litre of petrol and diesel sold in South Africa contributes R2.25 to the RAF levy, yet this remains insufficient to cover the fund’s obligations.

What This Means for Road Accident Victims

• If your claim was rejected under the 2022 RAF 1 Form regime, you have until 30 September 2026 to resubmit using the 2008 form.
• Expect longer processing times as nearly 160,000 additional claims flood the system.
• Consult a qualified attorney to navigate the complex RAF claims process.
• Monitor proposed changes to the RAF funding model that could affect motorist fees.

Conclusion

The Road Accident Fund is at a critical crossroads in 2026. Landmark court rulings, a growing claims backlog, and a deteriorating financial position are forcing the government to consider fundamental structural reforms. Staying informed about RAF developments is essential for accident victims, legal practitioners, and all South African motorists.

Sources: IOL Business, Moonstone Information Refinery, Newsday South Africa, Parliament of South Africa, Moneyweb – September 2026.