Road Accident Fund South Africa: Key News, Court Rulings & Reform Updates – July 2026

Introduction

The Road Accident Fund (RAF) remains one of South Africa’s most scrutinised public entities, sitting at the intersection of road safety, legal accountability, and social welfare. As of July 2026, the RAF continues to face a complex mix of landmark court rulings, payment backlogs, governance challenges, and cautious signs of recovery. This article summarises the most important recent developments affecting the RAF — and what they mean for road accident victims, claimants, attorneys, and South African taxpayers.

1. Supreme Court of Appeal Rules Undocumented Foreigners Can Claim from the RAF

One of the most significant legal developments of 2026 is the Supreme Court of Appeal (SCA) ruling that the RAF must compensate all road accident victims — including undocumented foreign nationals. The SCA upheld a Gauteng High Court decision that struck down a RAF directive requiring foreign nationals to prove legal presence in South Africa at the time of their accident.

A full bench of three judges, led by Judge Norman Davis, set aside the directive, finding that the phrase “any person” in the RAF Act includes undocumented foreigners. The ruling has far-reaching financial implications.

Minister of Transport Barbara Creecy revealed that the RAF could face at least R390 million in additional liability as a result of this ruling. Claims previously classified as non-payable under the Requested Not Yet Paid (RNYP) register may now become payable.

The RAF Board is still seeking legal advice on whether to appeal the ruling at the Constitutional Court. The African Transformation Movement (ATM) has called for RAF payouts to be limited to South African citizens only, arguing that foreign nationals should rely on travel insurance or their home countries for compensation. Parliament’s Transport Committee Chairperson, however, welcomed the SCA ruling, noting that the RAF’s mandate is to serve victims of road accidents regardless of nationality.

What This Means for Claimants

• Undocumented foreign nationals injured in road accidents in South Africa may now lodge claims with the RAF.
• Previously rejected claims from foreign nationals may be revisited.
• The RAF’s already strained finances face additional pressure.

2. Court Action Launched Over RAF’s Failure to Pay 430+ Finalised Claims

In June 2026, de Broglio Attorneys launched a formal court application against the RAF following the continued non-payment of more than 430 finalised claims — despite settlement agreements having been concluded or court orders already granted.

The application seeks a court order compelling the RAF to provide full reasons and detailed explanations for its failure to make payment in each matter where a settlement or court order exists but payment has not been made within the prescribed timeframe.

“These are not numbers on a spreadsheet. They are individuals whose lives have already been fundamentally changed by serious road accidents.” — Michael de Broglio, Director of de Broglio Attorneys

Among the affected claimants is Rory Meintjies, a 29-year-old who suffered a spinal cord injury and permanent paralysis from the waist down in a road accident four years ago. Despite a court award already being granted in his case, he and his family are still waiting for payment.

Another claimant, Sanet du Toit, a Gauteng business owner, nearly died in a head-on collision and has since undergone numerous major operations. Her business has had to survive on overdraft facilities of around R500,000 over the past two years due to the RAF’s non-payment.

Key Concerns Raised

• Some claimants have waited more than two years for compensation already agreed to or ordered by a court.
• In some cases, claimants have reportedly died before receiving compensation that had already been finalised.
• Delayed payments directly impact access to medical treatment, rehabilitation, mobility aids, and financial stability.

This court action comes amid heightened scrutiny of the RAF’s governance, following Parliament’s Standing Committee on Public Accounts (Scopa) laying criminal charges against former RAF CEO Collins Letsoalo for failing to comply with a parliamentary summons.

3. RAF Cannot Benefit from Its Own Delays: Special Plea Dismissed

In a January 2026 judgment (Cele v Road Accident Fund [2026] ZAMPMBHC 2), the court dismissed a special plea by the RAF that a claimant’s case had prescribed (lapsed due to time limits).

The RAF had handled the claimant’s matter 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 found that the RAF, through its internal claims systems, effectively acted as the plaintiff’s legal representative and was under a duty to manage the claim properly. The court ruled that the RAF cannot benefit from delays of its own making. The special plea was dismissed and the RAF was ordered to pay the plaintiff’s costs.

This ruling reinforces the principle that claimants who relied on the RAF to process their claims should not be penalised for the RAF’s own administrative failures.

4. Transport Committee: RAF Shows Signs of Recovery, But Reform Must Accelerate

In February 2026, the Chairperson of the Portfolio Committee on Transport, Mr Donald Selamolela, stated that — contrary to public perception — the RAF is on the road to recovery.

“We are satisfied that indeed there is work happening to improve governance and stabilise the operation of RAF. The committee accepts that RAF is a challenged entity of government, besieged by historical factors that unnecessarily frustrated the work of the entity.” — Mr Donald Selamolela

The Deputy Minister of Transport, Mr Mkhuleko Hlengwa, accompanied the RAF Board before the committee and stated that reforming the RAF remains a priority, likening the process to “fixing an aeroplane while airborne.”

Key reform priorities highlighted include:

• Direct claims as an immediate area of attention.
• Reviewing RAF legislation to close loopholes.
• Improving organisational structure.
• Accelerating the settlement of claims within 120 days.

Since April 2025, the RAF has reportedly disbursed a total of R17.3 billion in compensation to road accident victims and service providers — a figure cited as evidence of progress.

5. RAF’s Massive Debt and Financial Strain

The RAF’s financial situation remains dire. The fund carries an estimated R500 billion in debt, funded primarily through a fuel levy of R2.25 per litre collected every time South Africans fill up their vehicles.

Over the period from 2018/19 to 2024/25, new RAF claims fell significantly — from 328,173 to 65,732 — while finalised claims declined from 229,534 to 78,384. While this reduction in claims volume is seen as a positive trend, experts warn that the RAF faces a potential claims surge if reform efforts falter.

The RAF also paid R546 million to foreign claimants in the 2024/25 financial year — a figure that is now set to increase following the SCA ruling on undocumented foreigners.

6. RAF’s Youth Driver Training and Road Safety Initiatives

On a more positive note, the RAF has been investing in road safety and youth empowerment. In June 2026, the RAF released a media statement highlighting its Youth Driver Training and Road Safety Initiatives, aimed at reducing road accidents and the number of future claims.

The RAF also hosted its Settlement Drive at Ngwelezane Hospital in February 2026 — the second instalment of an initiative designed to fast-track the settlement of claims for injured patients at hospitals.

7. RAF’s Response to Non-Payment Allegations

In late June 2026, the RAF issued a media statement responding to a sponsored article by a law firm alleging non-payment of claims. The RAF stated that it had paid R1.48 billion across 1,608 claims associated with the firm over the 20-month period between October 2024 and May 2026, pushing back against what it described as misleading characterisations of its payment record.

Key Trends and Takeaways for 2026

Based on the latest news, the following key trends are shaping the RAF landscape in 2026:

1. Landmark legal rulings are expanding the RAF’s liability — particularly the SCA ruling on undocumented foreigners — adding financial pressure to an already indebted fund.
2. Payment delays remain a critical issue, with hundreds of finalised claims still unpaid and legal action being taken to compel accountability.
3. Governance scrutiny is intensifying, with Scopa laying criminal charges against the former CEO and ongoing parliamentary oversight.
4. Reform efforts are underway, with the Transport Committee cautiously optimistic about the RAF’s trajectory, but emphasising the need for speed.
5. The RAF’s financial model is under strain, with R500 billion in debt and a fuel levy that may not be sufficient to meet growing liabilities.
6. Claimants’ rights are being strengthened by courts, which are increasingly ruling against the RAF when it attempts to use procedural delays to avoid paying valid claims.

What Should You Do If You Have a RAF Claim?

If you or a loved one has been injured in a road accident in South Africa, here is what you need to know:

• Lodge your claim promptly — the RAF Act provides a five-year prescription period, but delays can complicate your case.
• Appoint a qualified attorney — given the RAF’s history of delays and procedural defences, professional legal representation is strongly advised.
• Keep records of all correspondence with the RAF, including dates and reference numbers.
• Follow up regularly — do not assume the RAF is processing your claim without checking in.
• Know your rights — courts have consistently ruled that the RAF cannot use its own administrative failures to deny or delay valid claims.

Conclusion

The Road Accident Fund remains a critical but deeply challenged institution in South Africa. While there are signs of recovery and reform, significant obstacles remain — from a R500 billion debt burden and payment backlogs to landmark court rulings that expand the fund’s liabilities. For road accident victims, the message from the courts is clear: your rights are protected, and the RAF cannot hide behind its own delays. For policymakers, the urgency of meaningful reform has never been greater.

Stay informed about the latest RAF news and updates by bookmarking this page. We publish daily summaries of the most important Road Accident Fund developments in South Africa.