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

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

The Road Accident Fund (RAF) in South Africa continues to make headlines in 2026, with a series of landmark court rulings, mounting financial pressures, and ongoing reform efforts reshaping the landscape for road accident victims and claimants. Here is a comprehensive roundup of the most important RAF developments you need to know about this month.

1. SCA Rules: Undocumented Foreign Nationals Can Claim from the RAF

In one of the most significant rulings of the year, the Supreme Court of Appeal (SCA) confirmed in April 2026 that the Road Accident Fund cannot exclude undocumented foreign nationals from claiming compensation. The court found that the phrase “any person” in the RAF Act includes all individuals, regardless of their immigration status at the time of the accident.

This ruling overturned a 2022 RAF directive that required foreign claimants to prove they were legally present in South Africa at the time of injury. A full bench of three judges, led by Judge Norman Davis, set aside the directive, ruling it unlawful.

Financial Impact: Transport Minister Barbara Creecy has revealed that the RAF could face at least R390 million in additional liability as a result. According to the Requested Not Yet Paid (RNYP) register, approximately R390 million in claims previously classified as non-payable from undocumented foreigners will now become payable. The RAF Board is still seeking legal advice on whether to appeal the ruling to the Constitutional Court.

Parliament’s Portfolio Committee on Transport Chairperson, Mr Donald Selamolela, welcomed the SCA ruling, noting that it correctly upheld the interpretation of “any person” in the RAF legislation.

2. Court Orders RAF to Revive Hundreds of Thousands of Rejected Claims

In another major development, the SCA ruled that the RAF’s new RAF1 claim form – introduced in July 2022 – was unlawful. The court found that the stricter requirements unfairly raised the bar for making valid claims, effectively blocking hundreds of thousands of legitimate claimants from accessing compensation.

Key facts from this ruling:

• An estimated 600,000 claims were rejected under the new claim form requirements.
• Claimants whose submissions were rejected have until 30 September 2026 to re-lodge their claims using the old RAF 1 form.
• The RAF’s Acting CEO, Radikwena Phora, said the fund welcomes the judgment and is committed to its full implementation.
• The RAF will engage with the Minister of Transport to adopt and publish a revised RAF 1 Form within six months.
• RAF law expert and attorney Gert Nel warned that “phantom” claims – those that secured default judgments and are now immediately payable – are estimated at R4.8 billion.

The RAF is set to implement a comprehensive communication campaign to inform affected claimants on how to resubmit their claims before the September deadline.

3. ActionSA Raises Alarm Over R180 Billion RAF Shortfall

ActionSA MP Alan Beesley has called on the Finance Minister to explain to Parliament how the national fiscus plans to absorb the RAF’s growing liabilities. With budget documents indicating the RAF’s total liabilities at more than R400 billion, ActionSA estimates that the impact of the rejected claims ruling alone could add approximately R180 billion in additional liability.

Beesley warned that this could push the RAF’s total liabilities to more than half a trillion rand, potentially exceeding the financial burden posed by state-owned entities like Eskom and Transnet on the public purse.

“The RAF certainly does not have the money to fund these claims, and they will place the national fiscus under huge, huge pressure,” said Beesley.

Parliament’s Standing Committee on Public Accounts (SCOPA) is currently finalising its inquiry report into the RAF. ActionSA has also indicated it will explore all available legal avenues, including potential criminal charges, against those responsible for the unlawful claim form directives.

4. RAF Ordered to Pay R2.23 Million to Pedestrian – Punitive Cost Order Issued

In a striking case from the Western Cape High Court, the RAF was ordered to pay road accident victim Catherine Yiannakis R2.23 million for past hospital and medical expenses – and was simultaneously slapped with a punitive cost order for its conduct in the matter.

Yiannakis, who has been living in a long-term care facility since approximately July 2018 following a motor vehicle collision in February 2018, had her claim disputed by the RAF on the basis that her medical aid (Discovery Health) had already covered a portion of the costs.

Acting Judge M Louw found that the RAF’s opposition was “frivolous” and that its conduct – including a “flimsy defence” and “total disregard for established obligations” – warranted a punitive costs order. The judge criticised the RAF’s recurring practice of attempting to circumvent court orders through the issuing of directives to avoid or diminish its liability.

“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,” Judge Louw stated.

5. RAF Shows Signs of Recovery – But Reform Must Accelerate

Despite the legal and financial challenges, the Portfolio Committee on Transport Chairperson Donald Selamolela stated in February 2026 that the RAF is showing signs of recovery. He noted that governance improvements and operational stabilisation efforts are underway.

Deputy Minister of Transport Mkhuleko Hlengwa told the committee that reforming the RAF remains a priority, likening the process to “fixing an aeroplane while airborne.” Direct claims processing was highlighted as an immediate area of attention.

The committee called on the Department of Transport to move swiftly to review RAF legislation to close all loopholes, and urged the RAF to accelerate its reform efforts.

What These Developments Mean for RAF Claimants

If you have been involved in a road accident in South Africa, here is what the latest news means for you:

• Rejected claims can be re-lodged: If your RAF claim was rejected between 2022 and now due to the new RAF1 form requirements, you have until 30 September 2026 to resubmit your claim using the old RAF 1 form.
• Foreign nationals are covered: Regardless of your immigration status, you are entitled to claim compensation from the RAF if you were injured in a road accident in South Africa.
• Medical aid claimants: The RAF cannot simply refuse to pay your past medical expenses because your medical aid already covered them – courts have consistently ruled against this practice.
• Seek legal advice: Given the complexity of RAF claims and the ongoing legal developments, it is strongly advisable to consult a qualified RAF attorney to ensure your rights are protected.

Key RAF Statistics at a Glance (2026)

• 📌 Total RAF liabilities: Over R400 billion
• 📌 Estimated additional liability from rejected claims ruling: ~R180 billion
• 📌 Estimated additional liability from foreign nationals ruling: ~R390 million
• 📌 Claims rejected under unlawful RAF1 form: ~600,000
• 📌 “Phantom” claims with default judgments: ~R4.8 billion
• 📌 Deadline to re-lodge rejected claims: 30 September 2026

Conclusion

The Road Accident Fund remains one of South Africa’s most financially strained and legally contested public entities. The wave of court rulings in 2026 has significantly expanded the RAF’s liability while simultaneously opening the door for hundreds of thousands of previously rejected claimants to seek the compensation they deserve.

For road accident victims, the message is clear: know your rights, act before the September 2026 deadline if your claim was previously rejected, and seek professional legal assistance to navigate the complex RAF claims process.

Stay tuned to this blog for daily updates on the Road Accident Fund and other important legal and financial news affecting South Africans.