Road Accident Fund (RAF) South Africa: Key News & Updates – June 2026

The Road Accident Fund (RAF) in South Africa is at the centre of a major legal and financial storm in 2026. From a landmark Supreme Court of Appeal (SCA) ruling that has revived hundreds of thousands of previously rejected claims, to growing calls for a government bailout, the RAF is facing its most turbulent period in decades. Here is a comprehensive roundup of the latest news, key developments, and what they mean for road accident victims, claimants, and South African taxpayers.

1. SCA Strikes Down the 2022 RAF 1 Form – A Watershed Ruling

In one of the most significant legal developments of 2026, the Supreme Court of Appeal (SCA) handed down judgment on 30 April 2026, dismissing the RAF’s appeal and declaring the 2022 RAF 1 Form unlawful, unconstitutional, and invalid.

The revised RAF 1 Form, introduced by the Minister of Transport in July 2022 via Board Notice 302, imposed far stricter documentation requirements on claimants at the point of lodging a claim. Critics argued — and the courts agreed — that these requirements created an administrative barrier that effectively prevented thousands of legitimate road accident victims from accessing compensation.

What the Court Found

• The RAF had no authority to prescribe binding claim requirements — that power rests solely with the Minister of Transport.
• The Minister’s approval of the revised form was procedurally flawed: there was no public participation, no independent decision-making, and no rational connection between the decision and the purpose of the RAF Act.
• The revised form placed substantial impediments in the way of accident victims’ claims, contrary to the RAF Act’s core purpose of compensating road accident victims.
• The SCA found the Minister appeared to have approved the form merely to resolve an internal dispute between the Department of Transport and the RAF — not for legitimate public-interest reasons.

What Happens Now

• The 2008 RAF 1 Form is reinstated as the applicable standard until lawfully amended.
• Claimants whose submissions were rejected or not acknowledged under the 2022 regime may resubmit their claims by 30 September 2026.
• Successfully resubmitted claims will be backdated to the original submission date, protecting them from prescription.
• The Minister of Transport is required to develop and publish a revised RAF 1 Form within six months, following proper legal processes including public participation.

2. Up to 600,000 Rejected Claims Could Be Revived

The scale of the SCA ruling’s impact is staggering. According to RAF law expert and attorney Gert Nel, approximately 600,000 claims were rejected under the now-overturned 2022 RAF 1 Form. These claims will now need to be re-lodged and registered.

Parliamentary data supports this figure. Between July 2022 and March 2025, of 105,039 RAF 1 claims that were pre-assessed, only 29,049 (28%) were compliant, while 75,990 (72%) were rejected for failing to meet documentation requirements. This figure excludes claims that were turned away before registration or never recorded at all.

The RAF’s Acting CEO, Radikwena Phora, acknowledged the judgment and stated the fund is studying it in detail. He confirmed the RAF is committed to full implementation and will engage with the Minister of Transport to adopt a revised RAF 1 Form within six months.

“The fund welcomes the judgment since it provides clarity on the matter of the RAF 1 Form.” — Radikwena Phora, Acting CEO, Road Accident Fund

3. Financial Crisis Looms: Is a Government Bailout Inevitable?

The SCA ruling has dramatically worsened the RAF’s already precarious financial position. The fund is estimated to carry approximately R500 billion in unqualified contingencies — a figure that could balloon significantly following the revival of hundreds of thousands of previously rejected claims.

The Numbers at a Glance

• The 2026 Budget Review reported total RAF liabilities at R370.3 billion (85.5% of all social security fund liabilities).
• The 2025 Medium-Term Budget Policy Statement projected RAF liabilities to increase from R369.7 billion in 2024/25 to R422.6 billion by 2027/28.
• ActionSA MP Alan Beesley warned the SCA ruling could expose the fiscus to nearly R180 billion in previously unrecorded liabilities (600,000 claims × average R300,000 per claim).
• Attorney Gert Nel estimates that default court judgments against the RAF — for claims that were lodged in terms of the Act but rejected under the unlawful form — amount to approximately R500 million in immediately payable obligations. His firm alone holds court orders in excess of R100 million.

Moneyweb reported in May 2026 that it appears increasingly likely the RAF will require a significant government bailout. National Treasury has already flagged the RAF as a “significant fiscal risk,” and experts believe Treasury will need to intervene.

4. The “Phantom Claims” Problem

One of the most complex issues arising from the SCA ruling is the so-called “phantom claims” problem. These are claims that were lodged fully in compliance with the RAF Act but were never acknowledged by the fund because they did not adhere to the now-overturned 2022 RAF 1 Form.

When the RAF refused to register these claims, attorneys proceeded to serve summons and obtained default judgments against the fund. These court orders are now immediately payable — yet the RAF has no record of them in its claims register.

Attorney Gert Nel has called on the RAF to open a six-month window period for attorneys and victims to register these court orders and obtain link numbers for payment. He stressed that the RAF Act does not make provision for claims to be re-lodged in matters where a court order for payment has already been granted.

“The RAF needs to start paying — some of these victims had already died in the process of waiting.” — Gert Nel, Gert Nel Inc Attorneys

5. RAF Cannot Benefit From Its Own Delays – Court Ruling

In a separate but related development, the Mpumalanga High Court ruled in January 2026 (in Cele v Road Accident Fund) that the RAF cannot benefit from delays of its own making when raising a prescription defence.

In this case, the RAF had handled the plaintiff’s claim for most of the five-year prescription period before the claimant terminated the RAF’s mandate and appointed private attorneys. The RAF then argued the claim had prescribed. The court dismissed this argument, finding that the RAF — by acting as the plaintiff’s de facto legal representative — was under a duty to manage the claim properly and could not exploit the shortened timeframe left for the plaintiff’s attorneys to act.

This ruling reinforces the principle that claimants should not be prejudiced by the RAF’s own administrative failures.

6. Foreign Nationals’ Right to Claim RAF Compensation Upheld

In another significant court ruling, the SCA confirmed that the RAF Act does not exclude road accident victims who are undocumented foreign nationals from claiming compensation for loss or damage suffered in road accidents in South Africa.

Parliament’s Transport Committee Chairperson welcomed the ruling, stating: “The RAF funding is intended for victims of road accidents, a purpose for which no one should interfere based on nationality.”

The ruling has, however, sparked political debate, with the African Transformation Movement (ATM) calling for RAF payouts to be limited to South African citizens only.

7. RAF Drops Audit Fight as Governance Scrutiny Intensifies

In a notable governance development, the RAF has dropped its long-running legal fight against the Auditor-General over which accounting standards it should use. This comes as the Standing Committee on Public Accounts (SCOPA) continues its oversight inquiry into the RAF, probing governance failures, financial reporting irregularities, and operational decisions — including the now-overturned RAF 1 Form.

SCOPA’s draft oversight report has highlighted the RAF 1 Form as a central issue in the fund’s claims process, noting that it reduced claim registrations, increased litigation costs, and undermined the RAF’s core mandate.

8. RAF Settlement Drive and Operational Updates

On the operational front, the RAF hosted the second instalment of its Settlement Drive at Ngwelezane Hospital on 20 February 2026, aimed at fast-tracking the resolution of outstanding claims. The RAF’s operating model targets the settlement of all new claims within 120 days and aims to reduce legal costs.

The fund is also procuring a cloud-based integrated medical management solution (Tender RAF/2026/00018) as part of its digital transformation efforts.

What Should RAF Claimants Do Right Now?

If your RAF claim was previously rejected under the 2022 RAF 1 Form requirements, here is what you need to know:

1. You have until 30 September 2026 to resubmit your claim using the reinstated 2008 RAF 1 Form.
2. When resubmitting, include proof that your original claim was submitted within three years of the accident.
3. Submit as many relevant documents as possible, but remember that substantial compliance is sufficient at the lodgement stage — you do not need to have everything perfect upfront.
4. If a default judgment has already been obtained against the RAF on your claim, consult your attorney immediately — these orders are now immediately payable.
5. Consider consulting a qualified RAF attorney to navigate the resubmission process and protect your rights.

Key Takeaways: The Road Ahead for the RAF

The Road Accident Fund is at a critical crossroads. The SCA’s landmark ruling has exposed years of unlawful administrative practice, opened the door to hundreds of thousands of revived claims, and placed enormous pressure on the fund’s already strained finances. Key issues to watch in the coming months include:

• Whether National Treasury will intervene with a bailout to stabilise the RAF’s finances.
• The development of a new, lawfully compliant RAF 1 Form by the Minister of Transport.
• The outcome of SCOPA’s ongoing oversight inquiry into RAF governance and accountability.
• How the RAF manages the wave of resubmitted claims ahead of the 30 September 2026 deadline.
• Broader policy discussions about the long-term sustainability of the RAF model versus alternatives such as the Road Accident Benefit Scheme (RABS) or a hybrid mandatory third-party insurance system.

For road accident victims, the SCA ruling is a significant victory — but the battle to receive fair and timely compensation is far from over. Stay informed, know your rights, and act before the September 2026 deadline if your claim was previously rejected.

Sources: IOL, Moonstone Information Refinery, Moneyweb, Webber Wentzel, Road Accident Fund official website, Parliament of South Africa. Published: 10 June 2026.