Road Accident Fund (RAF) South Africa: Key Updates, Court Rulings & Reform Challenges – September 2026

The Road Accident Fund (RAF) continues to dominate South African headlines in 2026, with a wave of landmark court rulings, a surge in claims, governance controversies, and proposed new taxes all shaping the future of this critical state entity. Here is a comprehensive roundup of the most important RAF developments as of September 2026.

1. SCA Ruling Triggers Surge of Nearly 160,000 New Claims

One of the most significant developments of 2026 is the Supreme Court of Appeal (SCA) judgment handed down on 30 April 2026, which set aside the RAF’s revised 2022 RAF 1 Form and reinstated the original 2008 version. The ruling has triggered a massive wave of resubmitted claims.

By 1 July 2026, the RAF had already received 62,643 claims in the post-judgment stream. Based on the intake rate, the RAF projected a total of 159,591 claims by the 30 September 2026 deadline — the date by which previously rejected claimants must resubmit using the 2008 form.

The financial exposure is staggering. Applying the RAF’s average payment of R283,595 per claim (Q1 2026/27) to the projected 159,591 claims produces a potential liability of approximately R45.3 billion — though the actual figure will depend on individual claim assessments.

Why the RAF Changed the Form — and Why the Court Struck It Down

The RAF introduced the revised 2022 RAF 1 Form to reduce incomplete claims entering its system. However, the SCA found that:

• The RAF did not have the authority to impose additional binding requirements.
• The Minister’s approval of the revised form was unlawful due to a lack of public participation.
• The revised form created barriers to lodging claims by requiring extensive documentation upfront.

Between July 2022 and March 2025, 75,990 out of 105,039 claims (72%) were rejected under the stricter regime. The SCA ruling means those claimants now have a second chance to submit.

To manage the surge, Acting CEO Radikwena Phora confirmed the RAF has brought in contractors, interns, introduced overtime, reorganised staff, and made IT and process changes. The Bokamoso claims management system has also been reconfigured to accommodate the reinstated 2008 form.

2. Landmark Ruling: RAF Must Compensate Undocumented Foreign Nationals

In another major SCA ruling from April 2026, the court confirmed that the RAF must compensate all road accident victims — including undocumented foreign nationals.

The RAF had appealed a Gauteng High Court decision that struck down a directive requiring foreign nationals to prove legal presence in South Africa at the time of injury. The SCA dismissed the appeal, finding that the RAF Act makes no exclusion based on immigration status and that “any person” includes all road accident victims in the country.

Judge Norman Davis stated: “These accidents don’t discriminate in respect of the victims thereof between race, gender, age or between illegal foreigners and citizens of this country.”

This ruling has significant financial implications, as foreign nationals have submitted claims totalling more than R23 billion over the past five financial years, with the RAF paying out over R6 billion during the same period.

3. RAF Owes South Africans R21 Billion in Unpaid Claims

Transport Minister Barbara Creecy revealed that the RAF currently owes South Africans a staggering R21.76 billion in unpaid claims — representing over 37,000 approved but unpaid claims.

The breakdown of unpaid claims is as follows:

The non-payment is placing enormous pressure on hospitals and medical practitioners who cannot collect debts owed for treatments provided to accident victims. The RAF recorded a deficit of R27.8 billion in 2025, up from R25.8 billion the previous year, and remains technically insolvent.

4. R28.5 Million Paid to 16 Suspended Employees

In a revelation that sparked public outrage, Minister Creecy confirmed during a parliamentary Q&A that the RAF has paid R28,542,304 to 16 employees currently on suspension. The suspensions span from May 2024 to July 2026, with monthly salaries ranging from R48,796 to R333,874 before tax.

The suspensions are linked to ongoing investigations into corruption, administrative failures, and governance irregularities. The Special Investigating Unit (SIU) has previously found that the RAF colluded with criminal syndicates to pay out false claims.

Minister Creecy noted: “As per the requirements of the relevant labour legislation, all the suspensions are with pay pending the finalisation of the respective disciplinary processes.”

This comes after Minister Creecy dissolved the RAF’s board of directors in 2025 and appointed an interim board, which quickly suspended several executives.

5. New Tax Proposed to Fund the RAF

The Department of Transport has proposed a new tax linked to vehicle registrations and licence disc renewals to provide an additional revenue stream for the RAF. The stated rationale is the growing adoption of electric vehicles (EVs), which do not consume fuel and therefore do not contribute to the RAF through the existing fuel levy.

Currently, the RAF is funded by the Road Accident Fund Levy of R2.15 per litre of petrol and diesel, generating approximately R45 billion per year. Despite this, the fund remains insolvent.

The proposal has been met with significant criticism from motorists and civil action groups, who argue that:

• EV adoption is still years away from meaningfully impacting RAF revenue.
• The RAF’s financial problems stem from corruption and mismanagement, not insufficient funding.
• Motorists should not be asked to pay more until the entity is properly reformed.

6. Q1 2026/27 Financial Performance: R8.9 Billion Paid Out

Despite its financial challenges, the RAF paid out R8.9 billion across 80,665 claims during the first quarter of the 2026/27 financial year (April to June 2026) — a 54% increase from the same period in the previous year. This reflects both the growing volume of claims and the RAF’s efforts to clear its backlog.

7. Parliament and Reform Efforts

The Portfolio Committee on Transport Chairperson, Mr Donald Selamolela, stated in February 2026 that the RAF is “on the road to recovery,” despite widespread public scepticism. Deputy Minister of Transport Mkhuleko Hlengwa likened the reform process to “fixing an aeroplane while airborne.”

Key reform priorities include:

• Reviewing RAF legislation to close loopholes.
• Accelerating direct claims processing.
• Improving governance and organisational structure.
• Addressing the claims backlog through settlement drives and additional resources.

The RAF also hosted Settlement Drives at hospitals, including at Ngwelezane Hospital in February 2026, to fast-track payments to claimants.

What This Means for RAF Claimants

If you have a pending or rejected RAF claim, here are the key things to know:

• 30 September 2026 deadline: If your claim was rejected under the 2022 RAF 1 Form regime, you must resubmit using the 2008 form by this date. Successfully resubmitted claims will be treated as having been lodged on the original submission date, protecting them from prescription.
• Statutory cap increase: As of 31 January 2026, the RAF increased the statutory cap for loss of income and loss of support claims.
• Legal costs: The RAF issued guidance in September 2026 on contingency fees and legal costs — claimants should be aware of their rights regarding attorney fees.
• Contact the RAF: Claimants can reach the RAF via WhatsApp at 071 605 4707 or visit www.raf.co.za for claim tracking and updates.

Conclusion: A Fund at a Crossroads

The Road Accident Fund stands at a critical juncture in 2026. Landmark court rulings have expanded its liability significantly, a surge of nearly 160,000 new claims is testing its operational capacity, and its technical insolvency raises serious questions about long-term sustainability. At the same time, governance reforms, parliamentary oversight, and increased payouts signal that progress — however slow — is being made.

For millions of South Africans who depend on the RAF for compensation after road accidents, the coming months will be decisive. Claimants, attorneys, and road users should stay informed and act before the critical 30 September 2026 deadline.

Stay updated on the latest Road Accident Fund news by bookmarking this page. For legal advice on RAF claims, consult a qualified attorney.