Road Accident Fund RAF Crisis Key Developments August 2026

The Road Accident Fund (RAF) is at a critical crossroads in 2026. A landmark Supreme Court of Appeal ruling, billions in unpaid claims, and sweeping operational reforms are reshaping South Africa’s state-run accident compensation system.

SCA Ruling Triggers Nearly 160,000 New Claims

On 30 April 2026, the Supreme Court of Appeal declared the 2022 RAF 1 Form regime unlawful, reinstating the original 2008 form. Claimants previously rejected under the stricter 2022 requirements were given until 30 September 2026 to resubmit their claims, with backdating protection against prescription.

By 1 July 2026, the RAF had received 62,643 post-judgment claims. The Fund projects a total of 159,591 claims by the deadline, with a potential financial exposure of approximately R45.3 billion based on the average Q1 2026/27 payment of R283,595 per claim. Acting CEO Radikwena Phora confirmed additional staff, overtime, and IT upgrades are in place to manage the surge.

R21.7 Billion in Finalised Claims Still Unpaid

Transport Minister Barbara Creecy revealed in Parliament that as of 28 June 2026, the RAF Requested Not Yet Paid register showed 37,622 claims worth R21.76 billion still awaiting payment. The main causes of delay include outstanding compliance checks (nearly R11 billion), verification delays (R9.1 billion), and missing documents (R1.7 billion). Many claims date back to 2007.

The Minister also confirmed a review of the RAF funding model, with a possible vehicle-linked fee being considered alongside the existing fuel levy.

RAF Spending More, Helping Fewer People

The Association for the Protection of Road Accident Victims (APRAV) warned that the RAF now finalises only about 70,000 claims per year, down from over 400,000 previously, while the average cost per settled claim has risen by more than 70% in three to four years. In Q1 2026/27, the RAF paid R8.9 billion on 80,665 claims, a 54% increase year-on-year.

APRAV Chair Ngoako Mohlaloga stated that the system is spending more and more to help fewer people. The Standing Committee on Public Accounts (SCOPA) is conducting an inquiry and is expected to present its findings to Parliament by end of September 2026.

RAF Adopts Hybrid Litigation Model

In a major reform, the RAF is introducing a hybrid litigation model combining state attorneys with a panel of private attorneys to manage its overwhelming caseload. Individual state attorneys currently handle 2,000 to 3,000 matters each. The RAF has spent nearly R30 billion on legal costs over five years. National Treasury puts total RAF liabilities at over R400 billion, with some estimates exceeding R500 billion.

The hybrid model aims to reduce default judgments, improve court compliance, lower legal costs, and deliver better outcomes for claimants. The government also raised the statutory cap on loss-of-income claims to R390,664 to keep pace with inflation.

Court Rejects RAF Bid to Undo R5.5 Million Award

On 26 August 2026, the Johannesburg High Court dismissed the RAF application to rescind a R5.5 million loss-of-earnings award. Acting Judge Prince Verveen ruled that the RAF representative was present at the original hearing and that the Fund could not convert its failure to advance submissions into a legal absence.

National Settlement Centre Proposed

APRAV Vice Chairman Pieter de Bruyn proposed a National Settlement Centre to fast-track claims already ready for settlement, without replacing the courts or the RAF. The centre would bring together claims experts and RAF decision-makers to resolve suitable claims quickly, with disputed matters referred back to court.

Signs of Recovery

Portfolio Committee on Transport Chairperson Donald Selamolela said the RAF is showing signs of recovery, while Deputy Minister Mkhuleko Hlengwa described the reform process as fixing an aeroplane while airborne. The RAF has also held community outreach Settlement Drives at Ngwelezane Hospital and in Kokstad.

What RAF Claimants Should Do Now

Resubmit before 30 September 2026 if your claim was rejected under the 2022 RAF 1 Form regime. Ensure all documents are in order to avoid compliance-related payment delays. Consult a qualified attorney to navigate the complex claims process. Contact the RAF via WhatsApp on 071 605 4707 for claim status updates. Watch for the SCOPA report expected before end of September 2026.

Conclusion

The Road Accident Fund is under enormous pressure, but reform momentum is building. Whether you are a claimant, attorney, or concerned motorist, staying informed about RAF developments is essential.