Road Accident Fund in Crisis: Key Developments, Reforms & What South Africans Need to Know (November 2026)

Introduction

South Africa’s Road Accident Fund (RAF) continues to dominate headlines in 2026, and for good reason. From mounting unpaid claims and governance scandals to landmark court rulings and proposed legislative reforms, the RAF is at a critical crossroads. Whether you are an accident victim, a motorist, or a legal professional, understanding the latest developments is essential. Here is a comprehensive overview of the most important RAF news as of November 2026.

1. Unpaid RAF Claims Reach R21.76 Billion

One of the most alarming statistics to emerge in 2026 is the sheer scale of the RAF’s payment backlog. As of 28 June 2026, the Road Accident Fund had 37,622 finalised claims awaiting payment, totalling a staggering R21.76 billion. This figure highlights the growing gap between the Fund’s obligations and its ability to pay out legitimate claims to accident victims across South Africa.

The RAF’s total unfunded liability is estimated to exceed R500 billion, a figure that has prompted urgent calls for structural reform from Parliament, opposition parties, and legal experts alike.

2. Transport Minister Rules Out Additional Government Funding

In a significant policy statement in October 2026, Transport Minister Barbara Creecy confirmed that the RAF will not receive additional government funding. The Minister cited the financial pressure already faced by South African motorists and emphasised that the priority must be addressing the Fund’s internal management and financial challenges rather than simply injecting more money.

This decision puts the spotlight firmly on the RAF’s operational efficiency and governance — and signals that any financial recovery must come from within.

3. RAF Asks for Fuel Levy Hike — DA Pushes Back

Despite the Minister’s stance, the RAF has reportedly asked National Treasury to raise the fuel levy by 75 cents per litre — from R2.25 to R3.00 per litre — at a time when fuel prices have already hit a record R30 per litre. This request has drawn sharp criticism from the Democratic Alliance (DA).

DA spokesperson Dr Chris Hunsinger MP pointed out that the RAF spent R12.8 million on legal costs for just seven disciplinary hearings, and nearly R30 million on salaries for at least 16 suspended executives — some of whom have been on full pay at home for almost two years. The DA’s position is clear: “More money will not fix the RAF. Its problem is not that motorists pay too little. It is how the money is managed.”

4. SCOPA Intensifies Accountability Measures

Parliament’s Standing Committee on Public Accounts (SCOPA), led by Chairperson Songezo Zibi, has been at the forefront of holding the RAF accountable throughout 2026:

• June 2026: SCOPA voted to lay formal criminal charges against the former RAF CEO following non-appearance and legal pushback regarding oversight mandates.
• July 2026: SCOPA recommended that former executives and board members be held personally liable to repay unaccounted funds spent during their tenure.

These moves signal a decisive shift toward accountability and represent a significant reassertion of parliamentary oversight over the Fund.

5. Landmark Court Rulings Protect Claimants

The courts have played a pivotal role in protecting the rights of accident victims in 2026:

• April/May 2026 — SCA Ruling: The Supreme Court of Appeal (SCA) upheld rulings declaring that the RAF and the Minister of Transport overstepped their legal authority by imposing overly restrictive documentation requirements under Board Notices 271 and 302 of 2022 (the “new RAF 1 form”). This ruling reaffirmed constitutional limits on RAF directives.
• Re-lodging Window: Following the SCA ruling, the RAF was compelled to allow claimants whose submissions were previously rejected under these strict directives to re-lodge their claims by 30 September 2026.
• 30 April 2026 — SCA Judgment on Court Orders: A Supreme Court of Appeal judgment directed the RAF to comply with 181 outstanding court orders, further reinforcing judicial oversight of the Fund.

6. Government Finalises RAF Legislative Amendments

In a major development on 6 October 2026, the Department of Transport briefed Parliament’s Portfolio Committee on Transport, confirming that amendments to the Road Accident Fund Act are being finalised. Acting Transport Director-General Mokonyama Mathabatha outlined four key areas of proposed change:

1. Capped Claims — Reviewing the maximum compensation limits
2. Rehabilitation — Improving support for injured claimants
3. Mediation and Conciliation — Introducing alternative dispute resolution mechanisms
4. Foreign National Claims — Clarifying the legal position on claims by non-South African residents

Acting DG Mathabatha stated: “All these issues are in the amendment Act that we are finalising. The Act in its current form makes the scheme not sustainable.”

Important note for claimants: These amendments have not yet been enacted into law. Motorists and accident victims should continue to work within the existing RAF legislative framework until the amendments are formally tabled and passed by Parliament.

7. The Foreign National Claims Controversy

One of the most legally complex issues facing the RAF involves claims by foreign nationals. Courts have consistently found that the existing RAF Act refers to compensation for “any person” — meaning Parliament did not write an immigration-status limitation into the legislation. The Gauteng High Court (Mudawo matter) and subsequent Western Cape and Gauteng High Court judgments have all upheld this interpretation.

Government’s decision to include foreign-national claims in the amendment process comes against this established legal background, and Parliament has heard calls from some quarters to limit RAF payouts to South African citizens only.

8. New RAF CEO Appointed Amid Legal Challenge

In a further sign of institutional turbulence, the RAF welcomed a new permanent CEO — Waseem Carrim, former National Youth Development Agency CEO — who was approved by Cabinet for the role. However, the appointment faced an urgent legal bid to halt it, which the High Court dismissed on 30 October 2026, allowing Carrim’s appointment to proceed. The new leadership is expected to play a central role in the Fund’s turnaround strategy.

9. Settlement Hub Proposal to Clear the Backlog

To address the massive claims backlog, a proposal for a national Settlement Hub was put forward in July 2026. The hub would fast-track and clear thousands of trial-ready matters awaiting settlement, reducing waiting times for accident victims. The Association of Personal Injury Lawyers (APRAV) has supported this proposal as a practical mechanism to reduce the backlog and ensure faster payouts.

10. RAF Claim Limits Increased

On a more positive note for claimants, the RAF has increased its claim caps in line with inflation. The new maximum cap for claims is R347,730, providing slightly improved compensation for qualifying accident victims.

What This Means for South Africans

The RAF’s challenges are far-reaching and affect millions of South Africans — from motorists who fund the RAF through the fuel levy, to accident victims waiting years for compensation. Here are the key takeaways:

• 🚗 Motorists may face higher fuel levies if the RAF’s funding request is approved.
• ⚖️ Claimants who were previously rejected under the restrictive Board Notices should consult an attorney about re-lodging their claims.
• 📋 Legislative changes are coming — but have not yet been enacted. Work within the current framework for now.
• 🏛️ Accountability is improving, with SCOPA and the courts holding the RAF to higher standards.
• 💼 New leadership under CEO Waseem Carrim offers a potential turning point for the Fund’s governance.

Looking Ahead: Is There Hope for the RAF?

Despite the scale of the challenges, there are genuine reasons for cautious optimism. The SCOPA investigation has exposed systemic failures and created a deterrent against future mismanagement. Court rulings have reaffirmed the constitutional rights of claimants. Legislative reforms are in progress. And new leadership is in place.

The road ahead for the RAF will not be easy — but 2026 has laid the groundwork for a more accountable, transparent, and claimant-focused Fund. South Africans will be watching closely to see whether 2027 delivers on that promise.

Stay informed about the latest Road Accident Fund news and updates by bookmarking this page. If you have been involved in a road accident and need guidance on your RAF claim, consult a qualified personal injury attorney.