Road Accident Fund South Africa: Key Updates, Crisis & What You Need to Know (September 2026)

Introduction

The Road Accident Fund (RAF) in South Africa continues to make headlines in September 2026, with a perfect storm of legal rulings, mounting unpaid claims, a critical claims deadline, and ongoing debates about the fund’s long-term financial sustainability. Whether you are a road accident victim, a legal practitioner, or simply a South African motorist, these developments directly affect you. Here is a comprehensive roundup of the most important RAF news and updates you need to know right now.

1. Critical RAF 1 Form Claims Deadline: 30 September 2026

One of the most urgent developments facing the RAF right now is the 30 September 2026 deadline for claimants to resubmit their claims using the reinstated 2008 RAF 1 Form. This deadline stems directly from a landmark Supreme Court of Appeal (SCA) judgment handed down on 30 April 2026.

The SCA dismissed the RAF’s appeal and confirmed that the revised 2022 RAF 1 Form — which introduced stricter documentation requirements at the point of lodgement — was unlawful. The court found that:

• The RAF did not have the authority to impose the additional binding requirements.
• The required public participation process had not taken place.
• The revised form created unnecessary barriers to lodging claims.

As a result, the 2008 RAF 1 Form was reinstated, and claimants whose claims were previously rejected or not acknowledged under the 2022 regime were given the opportunity to resubmit by 30 September 2026. Crucially, successfully resubmitted claims are treated as having been lodged on the original submission date, protecting them from prescription.

Legal practitioners are urged to act immediately to protect their clients’ rights before this deadline expires.

2. RAF Faces Surge of Nearly 160,000 Claims After SCA Ruling

The SCA judgment has triggered a massive wave of resubmitted claims. According to a presentation made to Parliament’s Portfolio Committee on Transport on 11 August 2026:

• By 1 July 2026, the RAF had already received 62,643 claims in the post-judgment stream.
• Of these, 59,306 (95%) were personal claims and 3,337 were supplier claims.
• The RAF projected a further 96,948 claims to arrive before the 30 September deadline, bringing the total to approximately 159,591 claims.
• The RAF’s potential financial exposure from these claims alone could reach approximately R40.9 billion to R45.3 billion, based on the average payment of R283,595 per claim in Q1 of 2026/27.

The claims have been concentrated in major urban centres: Pretoria (29,958), Johannesburg (17,904), Durban (5,672), East London (5,016), and Cape Town (4,093).

Acting CEO Radikwena Phora confirmed that the RAF has brought in additional contractors and interns, introduced overtime, reorganised staff, and made IT and process changes to manage the intake. The Bokamoso Integrated Claims Management System has also been reconfigured to accommodate the reinstated 2008 form.

3. R21.7 Billion in Finalised Claims Still Unpaid

In a stark revelation to Parliament, Transport Minister Barbara Creecy disclosed that as at 28 June 2026, the RAF had 37,622 finalised claims worth R21.76 billion that had not yet been paid out to accident victims. These claims involve 47,949 payment transactions.

The main reasons for delayed payments include:

• Outstanding compliance checks — affecting claims worth nearly R11 billion.
• Verification delays — affecting claims worth more than R9.1 billion.
• Missing documents — affecting claims worth approximately R1.7 billion.

Many of the outstanding claims date back years, with 36,442 claims relating to the period between 2007 and 2026. The RAF tracks these through its Requested Not Yet Paid (RNYP) Claims Register.

This backlog highlights the severe operational and financial strain the RAF is under, and the very real human cost for accident victims who are waiting — sometimes for years — to receive compensation they are legally entitled to.

4. Foreign Nationals Lodge R23.3 Billion in RAF Claims

Another major controversy making headlines is the scale of claims lodged by foreign nationals. Minister Creecy revealed in a parliamentary reply that between 1 April 2021 and 31 March 2026, foreign nationals lodged claims totalling R23.3 billion with the RAF.

Key figures by financial year:

• 2021/22: R5.05 billion
• 2022/23: R5.49 billion
• 2023/24: R1.35 billion
• 2024/25: R2.89 billion
• 2025/26: R8.53 billion (a significant spike)

It is important to note that these figures represent claims lodged, not amounts actually paid out. The spike in 2025/26 is largely attributed to a court ruling that found the RAF must compensate all road accident victims, including undocumented foreign nationals, as the term “any person” in the RAF Act includes them.

Parliament’s Transport Committee Chairperson welcomed the SCA ruling on foreign nationals’ claims, stating: “The RAF funding is intended for victims of road accidents, a purpose for which no one should interfere based on nationality.”

5. RAF Funding Model Under Review — A New Vehicle Tax on the Horizon?

The RAF’s long-term financial sustainability remains a critical concern. Currently, the fund is primarily financed through a fuel levy on every litre of petrol and diesel sold in South Africa. However, as electric vehicles become more prevalent and fuel consumption patterns change, this model is increasingly under pressure.

Minister Creecy confirmed that the Department of Transport, in collaboration with the RAF, has initiated a structured review of the RAF funding framework, guided by a formal business case. One option being considered is a mandatory vehicle-linked fee attached to annual vehicle licence renewals or initial registrations.

This potential new “car tax” has already drawn criticism from motoring associations and the public, with the Public Servants Association (PSA) rejecting the proposal. The outcome of this review will be communicated publicly once completed.

6. RAF Pays R8.9 Billion in Just Three Months

Despite the challenges, the RAF has shown signs of improved payment performance. In the first quarter of the 2026/27 financial year (April to June 2026), the RAF paid out:

• R8.9 billion on 80,665 claims.
• Approximately R2 billion in plaintiff legal costs.
• Approximately R1.1 billion in general damages.

Acting CEO Phora stated: “We’re paying quite well.” While this is a positive development, critics note that the R8.9 billion quarterly payout must be viewed against the backdrop of R21.7 billion in unpaid finalised claims and the potential R40+ billion liability from the SCA-related claims surge.

7. Statutory Cap for Loss of Income Claims Increased

In a development that directly affects claimants, as of 31 January 2026, the RAF officially increased the statutory cap for loss of income and loss of support claims. This adjustment is significant for accident victims who have suffered long-term or permanent loss of earnings as a result of road accidents, as it increases the maximum compensation they can receive under these heads of damage.

8. Calls for Urgent Reform at the RAF

Parliament’s Standing Committee on Public Accounts (SCOPA) has placed the RAF under renewed scrutiny, with calls for urgent reforms. The RAF’s interim board has acknowledged to Parliament that even if the fund were to stop accepting new claims today, it would still face an enormous financial liability from existing claims.

The Transport Committee Chairperson noted that while the RAF shows “signs of recovery,” reform efforts must accelerate. Key areas identified for reform include:

• Overhauling the claims processing system to reduce delays.
• Addressing the backlog of unpaid finalised claims.
• Reforming the funding model to ensure long-term sustainability.
• Tackling fraud and abuse within the claims system.
• Improving communication with claimants and legal practitioners.

What Should RAF Claimants Do Right Now?

If you have a pending or previously rejected RAF claim, here is what you should do:

1. Act before 30 September 2026: If your claim was rejected or not acknowledged under the 2022 RAF 1 Form regime, contact your attorney immediately to resubmit using the 2008 RAF 1 Form before the deadline.
2. Track your claim: Use the RAF’s official website (www.raf.co.za) or WhatsApp number (071 605 4707) to track the status of your claim.
3. Ensure compliance: Many claims are delayed due to outstanding compliance requirements or missing documents. Ensure all required documentation is submitted promptly.
4. Seek legal advice: Given the complexity of RAF claims and the ongoing legal developments, it is advisable to work with a qualified attorney who specialises in RAF claims.

Conclusion

The Road Accident Fund is at a critical crossroads in September 2026. The SCA judgment has opened the floodgates to nearly 160,000 additional claims, the fund is sitting on R21.7 billion in unpaid finalised claims, and its long-term funding model is under review. At the same time, the RAF is showing improved payment performance and the government is taking steps to reform the system.

For accident victims, legal practitioners, and South African motorists, staying informed about these developments is essential. The decisions being made now — in Parliament, in the courts, and within the RAF itself — will shape the future of road accident compensation in South Africa for years to come.

Stay tuned to this blog for daily updates on the Road Accident Fund and other important South African legal and financial news.