Road Accident Fund (RAF) in Crisis: R21.7 Billion Unpaid, 160 000 New Claims and Reform Debate – September 2026 Update

The Road Accident Fund (RAF) continues to dominate South African headlines in September 2026, with a perfect storm of mounting unpaid claims, a landmark Supreme Court of Appeal (SCA) ruling, fierce debate over funding reform, and growing calls to scrap the entity altogether. Here is a comprehensive overview of the latest developments every South African motorist, accident victim, and legal professional needs to know.

1. R21.76 Billion in Finalised Claims Still Unpaid

Transport Minister Barbara Creecy confirmed in a parliamentary reply that, as at 28 June 2026, the RAF had 37 622 finalised claims worth a staggering R21.76 billion sitting in its Requested Not Yet Paid (RNYP) Claims Register – claims that have been approved but not yet settled.

These 37 622 claims involve 47 949 individual payment transactions, and many date back as far as 2007. The Minister identified the main reasons for the delays:

• 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

The revelation came after ActionSA MP Alan Beesley asked whether the RAF maintained an accurate record of all finalised but unpaid claims. The answer confirmed what many accident victims and attorneys have long suspected: the backlog is enormous and systemic.

2. SCA Ruling Triggers Surge of Nearly 160 000 New Claims

One of the most significant legal developments of 2026 is the Supreme Court of Appeal (SCA) judgment handed down on 30 April 2026, which set aside the RAF controversial 2022 RAF 1 Form regime and reinstated the original 2008 version.

Background: The RAF 1 Form Dispute

In July 2022, the RAF introduced a revised RAF 1 Form with far more stringent documentation requirements at the point of lodgement. The Gauteng High Court declared the revised form unlawful in March 2024, and the SCA confirmed this ruling on appeal in April 2026. The SCA found that the RAF did not have the authority to impose the additional binding requirements, the Minister approval was unlawful, and the required public participation process had not taken place.

The Claims Flood

Claimants whose claims were rejected under the 2022 regime were given the opportunity to resubmit using the 2008 RAF 1 Form by 30 September 2026 – a firm deadline. Successfully resubmitted claims are treated as having been lodged on the original submission date, protecting them from prescription.

By 1 July 2026, the RAF had already received 62 643 claims in this post-judgment stream. The RAF projected a total of 159 591 claims by the 30 September deadline. The potential financial exposure could reach approximately R45.3 billion.

Important Deadline: If your RAF claim was rejected between July 2022 and March 2025 due to the revised RAF 1 Form requirements, you must resubmit using the 2008 RAF 1 Form by 30 September 2026. Missing this deadline could result in your claim prescribing.

3. Proposals to Scrap the RAF and Replace It With Compulsory Insurance

The RAF ongoing financial and governance crisis has reignited a long-standing debate: should the RAF be scrapped entirely and replaced with a compulsory third-party insurance system?

Bobby Ramagwede, CEO of the Automobile Association of South Africa (AA), described the idea of a new vehicle licence disc fee as laughable, arguing the RAF problems are operational, not revenue-related. The RAF receives approximately R45 billion per year from the fuel levy yet remains technically insolvent. The SIU has flagged over R340 million in duplicate payments to law firms.

The Democratic Alliance (DA), through Transport spokesperson Dr Chris Hunsinger, also called for the RAF to be replaced, stating: The RAF is not in crisis because motorists are not paying enough – the RAF is in crisis because years of mismanagement, corruption, waste and poor governance have left it financially crippled.

Transport Minister Creecy has proposed a transitional levy on vehicle licence disc renewals to offset the impact of electric vehicles (EVs) on fuel levy revenue. However, APRAV vice chair Pieter de Bruyn argues EV adoption in South Africa is too slow to justify a new tax, and that a hybrid funding model is more appropriate.

4. APRAV Proposes a National Settlement Hub

The Association for the Protection of Road Accident Victims (APRAV) has proposed a National Settlement Hub to clear the RAF backlog of approximately 100 000 claims without waiting for broader structural reforms.

The hub would work as follows:

1. Sort claims – Identify which claims are ready to settle, which need minor additional information, and which are genuinely disputed.
2. Centralise paperwork – Bring all legal, medical, and financial evidence for each claim into a single complete file.
3. Empower decision-makers – Assign each claim to a dedicated team with real authority to settle, supported by legal, medical, or actuarial experts where needed.
4. Settle undisputed portions – Pay out what everyone agrees on and send only genuine disagreements to court.
5. Track payments – Follow every case through to actual payment, not just a signed settlement.

De Bruyn estimated the hub would require R16 billion from National Treasury to clear the backlog, stressing this is not a bailout but rather paying claimants what they should have been paid years ago. He also highlighted that less than 5% of RAF claims are genuinely in dispute, yet 90% go to court, resulting in an accumulated legal bill of R6 billion.

5. Parliament and SCOPA Scrutiny Intensifies

Parliament Standing Committee on Public Accounts (SCOPA), chaired by Songezo Zibi, has placed the RAF under intense scrutiny. Zibi acknowledged the RAF is chronically underfunded and that governance reforms alone will not be enough without a new funding model.

The Portfolio Committee on Transport chair Donald Selamolela stated the RAF is on the road to recovery but reform must accelerate. Deputy Minister of Transport Mkhuleko Hlengwa likened the reform process to fixing an aeroplane while airborne. The SIU also uncovered a R50 million alternative RAF bank account, adding to concerns about financial controls within the entity.

6. New Statutory Claims Limit: R378 581 from January 2026

With effect from 31 January 2026, the RAF statutory limit for loss of support or income claims was adjusted to R378 581.00. Claimants and their attorneys should ensure all calculations and settlement negotiations reflect this updated cap.

7. RAF Community Outreach: Kimberley Campaign (September 2026)

The RAF launched a Community Outreach Campaign in Kimberley on 5 September 2026, continuing its efforts to bring claims processing and information directly to communities across South Africa. These outreach drives aim to help unrepresented claimants navigate the claims process and access compensation they are entitled to.

Key Takeaways for Claimants and Motorists

• 30 September 2026 deadline: Resubmit rejected RAF 1 Form claims using the 2008 form before this date or risk prescription.
• R21.76 billion in approved claims remain unpaid – follow up with your attorney or the RAF directly.
• The new statutory claims limit is R378 581.00, effective 31 January 2026.
• The RAF WhatsApp number (071 605 4707) can be used to check claim status.
• Major structural reform – including possible replacement with compulsory insurance – is under active debate but no final decision has been made.

Conclusion: A Fund at a Crossroads

The Road Accident Fund stands at a critical juncture in September 2026. The SCA ruling has opened the floodgates to nearly 160 000 additional claims, the unpaid backlog has ballooned to R21.76 billion, and the debate over whether to reform or replace the RAF has never been more urgent. For the hundreds of thousands of South Africans who depend on the RAF for compensation after life-altering accidents, the stakes could not be higher. Whether through a National Settlement Hub, a new hybrid funding model, or a wholesale replacement with compulsory insurance, one thing is clear: the status quo is unsustainable. South Africans and their elected representatives must demand faster, more decisive action.

Sources: IOL Business, Moonstone Information Refinery, Moneyweb, TopAuto, Africa24 TV, RAF Media Statements, Legal Academy SA. Published 7 September 2026.