Road Accident Fund in Crisis: Key Developments, Court Rulings & Reform Proposals – November 2026

The Road Accident Fund (RAF) of South Africa continues to make headlines in 2026, facing a perfect storm of financial strain, landmark court rulings, a surge of new claims, and mounting pressure from Parliament and advocacy groups. Here is a comprehensive overview of the most important developments shaping the RAF’s future as of November 2026.

1. R21.7 Billion in Unpaid Claims: Thousands of Victims Still Waiting

Transport Minister Barbara Creecy revealed in a parliamentary reply that the RAF is sitting with more than R21.76 billion in finalised claims that have not yet been paid out to accident victims. As at 28 June 2026, the RAF’s Requested Not Yet Paid (RNYP) Claims Register recorded 37,622 unpaid claims across 47,949 payment transactions.

The main reasons cited 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

Alarmingly, 36,442 of these outstanding claims date back to the period between 2007 and 2026, meaning some victims have been waiting for compensation for nearly two decades.

2. No Additional Government Funding for the RAF

In a significant policy announcement in October 2026, Transport Minister Barbara Creecy ruled out any additional government funding for the Road Accident Fund. She also rejected the RAF’s proposal to increase the fuel levy to R3 per litre, citing the financial pressure already faced by South African motorists.

Creecy stated that the priority is to address the fund’s management and financial challenges from within. Key governance steps being taken include:

• The appointment of a new CEO for the RAF
• The process of appointing a permanent board is underway
• A structured review of the RAF’s funding framework guided by a formal business case

The RAF is currently funded primarily through a fuel levy on petrol and diesel. The Department of Transport is exploring alternative funding models, including a mandatory fee linked to annual vehicle licence renewals or initial vehicle registrations.

3. Landmark SCA Ruling Triggers Surge of Nearly 160,000 New Claims

One of the most consequential developments of 2026 was the Supreme Court of Appeal (SCA) judgment on 30 April 2026, which struck down the controversial 2022 RAF 1 Form regime. The SCA upheld earlier High Court rulings that declared Board Notices 271 and 302 of 2022 unlawful, finding that:

• The RAF did not have the authority to impose additional binding documentation requirements
• The Minister’s approval of the revised form was unlawful
• The required public participation process had not taken place
• The revised form created barriers to lodging claims by requiring extensive documentation upfront

As a result, the 2008 RAF 1 Form was reinstated as the applicable form. Claimants whose claims were previously rejected under the 2022 regime were given until 30 September 2026 to resubmit their claims using the 2008 form.

The financial implications are staggering. By 1 July 2026, the RAF had already received 62,643 resubmitted claims in the post-judgment stream. Based on the intake rate, the RAF projected a total of 159,591 claims by the September deadline. Applying the RAF’s average payment of R283,595 per claim, the potential financial exposure could reach approximately R45.3 billion — though this is not a confirmed forecast.

The RAF responded by bringing in additional contractors and interns, introducing overtime, reorganising staff, and making IT and process changes to manage the surge.

4. RAF Spending More, Helping Fewer People

The Association for the Protection of Road Accident Victims (APRAV) raised serious concerns at a National Press Club briefing in Pretoria, highlighting findings from the Standing Committee on Public Accounts (SCOPA):

• The RAF previously completed more than 400,000 claims per year. Today, only approximately 70,000 claims are being completed annually.
• Despite this dramatic drop in output, the average cost per settled claim has increased by more than 70% within three to four years.
• Some victims have been waiting up to 10 years for compensation.
• The closure of district and satellite offices has particularly harmed people in rural and remote areas.
• Significant staff losses have further impaired the RAF’s ability to function effectively.

APRAV Chair Ngoako Mohlaloga described the situation starkly: “The system is spending more and more to help fewer people. Every one of those claims has been sitting in the drawer, and each of those numbers represents a person: someone who cannot work and a family who cannot afford medical treatment.”

5. APRAV Proposes a National Settlement Centre

To address the growing backlog while longer-term reforms are implemented, APRAV proposed the establishment of a National Settlement Centre. Key features of the proposal include:

• A practical mechanism to settle claims that are already ready for settlement — without creating new bureaucracy
• Claims agreed upon to be paid within a reasonable timeframe
• Disputed cases to be referred back to the ordinary court procedure
• An initial pilot project focusing on claims already on court rolls or close to settlement

APRAV Vice Chairman Pieter de Bruyn emphasised three key goals: “To repair the damage already done, provide immediate relief to waiting claimants, and reform the RAF for the long term.”

6. Discovery Wins SCA Appeal: RAF Cannot Deduct Medical Aid Payments

In another significant court ruling, Discovery Health won an SCA appeal against the RAF regarding medical expense deductions. The court ordered the RAF to stop reducing compensation simply because a claimant’s medical aid scheme had paid or would pay their treatment costs. This ruling has important implications for how the RAF calculates compensation and could further increase the fund’s financial obligations.

7. Legislative Changes Planned for Undocumented Foreign Nationals

Following court rulings that confirmed undocumented foreign nationals can claim compensation under the existing RAF Act, Transport Minister Creecy announced plans to amend RAF legislation to clarify who qualifies for compensation. The minister cited rising costs and the need to improve the fund’s financial sustainability as key motivations for the legislative review.

8. Statutory Cap Increase for Loss of Income Claims

As of 31 January 2026, the RAF officially increased the statutory cap for loss of income and loss of support claims. This adjustment affects the maximum compensation payable to claimants who have suffered income loss as a result of road accidents, and is relevant to anyone currently pursuing or planning to lodge a claim.

What This Means for South African Road Accident Victims

The RAF’s challenges in 2026 paint a picture of an institution under severe strain. For South Africans who have been injured in road accidents, the key takeaways are:

• If your claim was rejected under the 2022 RAF 1 Form regime, the SCA ruling gave you the opportunity to resubmit — the deadline was 30 September 2026.
• Delays in payment remain widespread, with compliance checks and missing documents being the most common causes.
• Seek legal assistance from a qualified attorney who specialises in RAF claims to navigate the complex process.
• Stay informed about legislative changes that may affect your eligibility or the amount of compensation you can claim.

Looking Ahead: RAF Reform in 2027

Legal experts and analysts have described 2026 as a pivotal turning point for the RAF. The combination of parliamentary scrutiny, judicial rulings, governance changes, and advocacy pressure has laid the groundwork for a potential structural overhaul in 2027. Key areas to watch include:

• The outcome of the Department of Transport’s funding model review
• The appointment of a permanent RAF board and the new CEO’s reform agenda
• Proposed legislative amendments to define a clear schedule of benefits
• The progress of the SCOPA report and Parliament’s response
• The processing of the 159,591 resubmitted RAF 1 Form claims

This article is for informational purposes only and does not constitute legal advice. If you have a pending RAF claim or need assistance, consult a qualified legal professional.

Sources: IOL Business, The Citizen/Rekord, AllAfrica/EWN, Moonstone Information Refinery, Financial Mail, IOL Cape Times (October–November 2026)