Road Accident Fund Loses Millions in Chaotic Court Cases: Judge Slams RAF’s Litigation Approach

Road Accident Fund Loses Millions in Chaotic Court Cases: Judge Slams RAF’s Litigation Approach

Date: 10 June 2025

The Road Accident Fund (RAF) in South Africa is under intense scrutiny after a recent judgment revealed that the fund is losing millions of rands due to its chaotic approach to litigation. According to a GroundUp article published on 10 June 2025, Judge Jan Swanepoel of the Gauteng High Court in Pretoria criticized the RAF for failing to send lawyers to court, resulting in a surge of default judgments against the fund.

Key findings from the judgment include:

• The RAF lost R25-million in default judgments in just one week (5 May 2025), with two other courts adding an estimated R50-million in liabilities during the same period.
• Many RAF cases are unopposed or based on over-inflated claims, as the fund often does not provide expert reports or legal instructions.
• In the week of 5 May, there were 41 unopposed matters on the default roll, with 20 cases where the RAF did not even note an appearance to defend.
• Judge Swanepoel highlighted that the RAF’s mismanagement and failure to fulfill its constitutional duties are costing the public significant amounts of money.

The judge also noted that the RAF’s chaotic litigation has persisted for years, despite multiple warnings and special legal treatment from the courts. The fund’s termination of its panel attorneys has led to a lack of proper scrutiny of claims and a continued state of disarray.

Why This Matters

The ongoing mismanagement of the Road Accident Fund not only wastes public money but also undermines the rights of road accident victims who depend on the fund for compensation. Urgent reforms are needed to restore accountability and ensure that the RAF fulfills its mandate effectively.

Read the full article on GroundUp: Road Accident Fund is wasting millions on “chaotic” court cases.

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