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

Published: 3 June 2026

South Africa’s Road Accident Fund (RAF) continues to dominate legal and financial headlines in 2026. From landmark Supreme Court of Appeal (SCA) rulings to mounting financial pressures and operational challenges, the RAF finds itself at a critical crossroads. Here is a comprehensive roundup of the most important RAF news and developments you need to know right now.

1. Landmark SCA Ruling: Hundreds of Thousands of Rejected Claims Must Be Revived

In one of the most significant RAF rulings of 2026, the Supreme Court of Appeal (SCA) dismissed the RAF’s appeal on 30 April 2026, confirming that the stricter RAF 1 claim form requirements introduced in 2022 were unlawful. The ruling, handed down in Road Accident Fund and Others v Legal Practitioners’ Indemnity Insurance Fund, NPC and Others [2026] ZASCA 63, found that both the RAF and the Minister of Transport had acted outside their statutory and constitutional powers when introducing the more onerous claim requirements through Board Notices 271 and 302 of 2022.

The SCA held that the Minister’s decision to gazette the revised RAF 1 form constituted administrative action under the Promotion of Administrative Justice Act (PAJA), and that the Minister had failed to comply with procedural requirements — including public consultation — rendering the decision unlawful. As a result, the position reverts to the original RAF 1 form prescribed under the 2008 regulations.

What This Means for Claimants

Following the ruling, the RAF is set to implement a comprehensive communication campaign to inform claimants whose claims were rejected under the unlawful requirements on how to resubmit them. Claimants have until 30 September 2026 to re-lodge their claims.

RAF law expert and attorney Gert Nel estimates that approximately 600,000 claims were rejected under the new claim form and will now need to be re-lodged. He also warned of a significant backlog of “phantom” claims — claims that were lodged in full compliance with the Act but were not acknowledged by the RAF — which have since secured default judgments estimated at R4.8 billion that are now immediately payable.

Acting CEO of the RAF, Radikwena Phora, stated that the fund welcomes the judgment as it provides clarity, and that the RAF will engage with the Minister of Transport to adopt and publish a revised RAF 1 Form within six months.

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

2. RAF Ordered to Pay R2.23 Million to Pedestrian — Punitive Cost Order Issued

In a scathing judgment handed down in the Western Cape High Court in May 2026, Acting Judge M Louw ordered the RAF to pay R2.23 million to road accident victim Catherine Yiannakis for past hospital and medical expenses — and slapped the fund with a punitive cost order.

Yiannakis has been living in a long-term care facility since approximately July 2018, following injuries sustained in a motor vehicle collision on 12 February 2018. Despite binding full court judgments and SCA confirmation of the RAF’s liability to pay these medical costs, the RAF refused to compensate the claimant because her medical aid (Discovery Health) had already covered a portion of the costs.

Judge Louw was scathing in her criticism of the RAF’s conduct, stating:

“It is wholly unacceptable that the RAF persists in defending these hopeless matters, thereby wasting public resources, driving up legal costs for both the RAF and claimants, and compelling claimants to incur unnecessary expenses to enforce rights already established.”

The judge found that the RAF’s opposition was “frivolous” and that its conduct — “reflected in a flimsy defence, refusal to accept the binding full court decision, and total disregard for established obligations — warrants a punitive costs order.”

The Medical Aid Dispute

The RAF has repeatedly attempted to avoid paying past medical expenses where a claimant’s medical aid scheme has already covered the costs. This stance has been challenged and overturned multiple times in court. A pending SCA judgment on an appeal by Discovery Health Medical Scheme (DHMS) is expected to provide further clarity on this contentious issue.

3. Parliament Welcomes SCA Ruling on RAF Claims by Foreign Nationals

On 22 April 2026, the Chairperson of the Portfolio Committee on Transport, Mr Donald Selamolela, welcomed a Supreme Court of Appeal ruling confirming that foreign nationals are entitled to claim and receive benefits from the Road Accident Fund.

The SCA upheld a High Court ruling that the interpretation of “any person” in the RAF legislation does not exclude foreign nationals from claiming under the scheme. Mr Selamolela noted that the ruling aligns with the broader review and update of RAF legislation promised by the new Minister of Transport.

“The RAF funding is intended for victims of road accidents, a purpose for which no one should interfere based on nationality,” said Mr Selamolela, adding that the matter of foreign nationals could be accommodated in future legislation — citing Botswana and Namibia as case studies where foreign nationals are required to take out short-term insurance cover before entering the country.

4. SCA Dismisses RAF Reconsideration Bid in Sunshine Hospital Dispute

In February 2026, the SCA dismissed — with costs — the RAF’s application to reconsider an earlier refusal of leave to appeal in a long-running dispute with Sunshine Hospital, a private facility in Benoni that specialised in treating motor vehicle accident victims.

Sunshine Hospital closed after a six-year dispute with the RAF over unpaid medical claims. The hospital had issued 6,285 summonses against the RAF, with more than R300 million in principal medical claims alleged to be unpaid or paid late. The hospital property was eventually sold at auction for approximately R21 million.

The SCA’s ruling effectively ends the RAF’s efforts to block the enforcement of 181 court orders that remain in force and were never appealed or rescinded. The court found there were no reasonable prospects of success on appeal and no compelling reason for the matter to be heard.

5. RAF’s Financial Crisis: Liabilities Soar Past R518 Billion

The RAF’s financial situation remains deeply concerning. The fund is carrying liabilities exceeding R518 billion amid stagnant fuel levies and ongoing financial mismanagement. ActionSA has called on the Finance Minister to explain a reported R180 billion RAF shortfall, warning that the fund faces an imminent financial crisis.

Parliamentary oversight visits to the RAF’s Parktown offices have revealed serious operational issues, including:

• Delays in registering claims
• Financial mismanagement
• Unpaid suppliers
• Backlogs in claims processing

Every time South Africans fill up their fuel tanks, R2.25 per litre goes to the RAF — yet the fund continues to accumulate debt at an alarming rate. Calls for a major government bailout or a complete overhaul of the RAF model are growing louder.

6. RAF Settlement Drive at Ngwelezane Hospital

On a more positive note, the RAF hosted the second instalment of its Settlement Drive at Ngwelezane Hospital on 20 February 2026. These settlement drives are aimed at resolving outstanding claims more efficiently and bringing relief to road accident victims who have been waiting for compensation.

Key Takeaways for RAF Claimants in 2026

If you have a pending or previously rejected RAF claim, here is what you need to know:

1. Re-lodge rejected claims by 30 September 2026: If your claim was rejected due to the unlawful RAF 1 form requirements introduced in 2022, you have until 30 September 2026 to resubmit your claim using the original 2008 RAF 1 form.
2. Provide proof of original submission date: When re-submitting, include proof that your original claim was submitted within three years of the accident.
3. Medical aid claimants: The RAF cannot lawfully refuse to pay your past medical expenses simply because your medical aid scheme has already covered those costs — multiple court rulings have confirmed this.
4. Foreign nationals: You are entitled to claim from the RAF, as confirmed by the SCA ruling in April 2026.
5. Seek legal advice: Given the complexity of RAF claims and the fund’s history of contesting valid claims, it is strongly advisable to consult a qualified RAF attorney.

What Lies Ahead for the RAF?

The RAF faces a perfect storm of legal, financial, and operational challenges in 2026. With hundreds of thousands of claims set to be re-lodged, billions in default judgments becoming payable, and liabilities spiralling past R518 billion, the pressure on the fund — and on South African taxpayers — is immense.

The Minister of Transport has been ordered to adopt and publish a revised RAF 1 Form within six months of the SCA ruling. Meanwhile, calls for a comprehensive legislative overhaul of the RAF Act are growing, with various stakeholders pushing for a more sustainable and equitable road accident compensation model.

We will continue to monitor and report on all RAF developments. Bookmark this page and check back daily for the latest updates.

Sources: IOL, Moneyweb, Parliament of South Africa, Politicsweb, Moonstone Information Refinery. This article is for informational purposes only and does not constitute legal advice.