Road Accident Fund South Africa: Key News, Updates & Trends – November 2026

The Road Accident Fund (RAF) in South Africa continues to dominate headlines in 2026, with sweeping legislative changes, mounting financial pressures, landmark court rulings, and a new permanent CEO appointment all shaping the future of this critical institution. Here is a comprehensive roundup of the most important RAF news and developments as of November 2026.

1. No Additional Government Funding for the RAF – Transport Minister

Transport Minister Barbara Creecy has firmly ruled out additional government funding for the Road Accident Fund. Speaking in October 2026, the Minister stated that South African motorists are already under severe financial pressure and that the priority must be to address the RAF’s deep-rooted management and financial challenges — not to simply inject more money into a broken system.

This stance aligns with calls from the Democratic Alliance (DA), which has argued that the RAF must be reformed, not re-financed. The DA has pointed to reports highlighting how existing funds are being mismanaged, and has called for structural reform rather than a financial bailout.

2. RAF Faces Potential Government Bailout Amid R500 Billion Liability Crisis

Despite the Minister’s position, financial analysts and legal experts warn that a major government bailout may be unavoidable. The RAF is estimated to carry approximately R500 billion in unqualified contingencies — a figure that has ballooned partly due to the fund’s controversial use of the now-invalidated RAF1 Form.

According to the 2026 Budget Review, the total liabilities of social security funds at the end of 2024/25 were reported at R433.1 billion, with the RAF accounting for 85.5% (approximately R370.3 billion) of that total. The 2025 Medium-Term Budget Policy Statement further warned that the RAF’s liabilities are projected to increase from R369.7 billion in 2024/25 to R422.6 billion by 2027/28.

As of 28 June 2026, the RAF had 37,622 finalised claims awaiting payment, totalling a staggering R21.76 billion in unpaid obligations.

3. Supreme Court of Appeal Strikes Down the RAF1 Form

One of the most consequential legal developments of 2026 was the Supreme Court of Appeal (SCA) judgment on 30 April 2026, which directed the RAF to revert to the original 2008 RAF1 Form. The SCA dismissed the RAF’s appeal — with costs — against a High Court ruling that declared the Board Notice and the newer RAF1 Form unconstitutional, unlawful, and invalid.

The court found that the RAF had exceeded its powers by issuing the Board Notice without statutory authorisation, and that the new form had effectively created administrative hurdles designed to reduce the number of claims rather than facilitate efficient administration. SCA Judge Caroline Nicholls ruled that the Minister’s decision to approve and gazette the RAF1 form was irrational and procedurally unfair, and therefore unlawful.

Legal experts estimate that this ruling has created an immediate financial burden of approximately R500 million in default court orders that are now immediately payable — and that is from just a fraction of the law firms involved. National Treasury is widely expected to need to intervene.

4. RAF Act Amendments Being Finalised – Parliament Briefed

On 6 October 2026, the Department of Transport briefed Parliament’s Portfolio Committee on Transport, confirming that amendments to the Road Accident Fund Act are being finalised. Acting Transport Director-General Mokonyama Mathabatha outlined four key areas under review:

• Capped claims – Reviewing the maximum compensation limits
• Rehabilitation – Improving support for injured claimants
• Mediation and conciliation – Introducing alternative dispute resolution mechanisms
• Foreign national claims – Clarifying the legal position on claims by undocumented persons

Mathabatha told the committee: “All these issues are in the amendment Act that we are finalising. The Act in its current form makes the scheme not sustainable.”

Importantly, these amendments have not yet been enacted. The proposed legislation must still be tabled before Parliament and go through the full legislative process before any changes become law. Claimants should continue to operate under the existing RAF framework in the interim.

5. Foreign National Claims: Courts Rule Against Immigration-Status Restrictions

A legally complex issue that has been building for years reached a critical point in 2026. Courts have consistently found that the existing RAF Act does not permit the exclusion of undocumented foreign nationals from claiming compensation. The RAF Act refers to compensation for “any person”, and Parliament did not write an immigration-status limitation into the legislation.

Multiple court rulings — including a Gauteng High Court judgment and a Western Cape High Court judgment — have set aside requirements compelling foreign claimants to prove lawful presence in South Africa at the time of an accident. The government’s decision to include this issue in the upcoming amendment package reflects the need to legislatively resolve what the courts have repeatedly addressed.

6. New CEO Appointed: Waseem Carrim Confirmed Permanently

After a turbulent period that saw the RAF cycle through four CEOs in seven months, Cabinet has approved the permanent appointment of Waseem Carrim as Chief Executive of the Road Accident Fund. The appointment was welcomed by the RAF, which also successfully defended a High Court challenge attempting to halt the appointment — with the court ruling in the RAF’s favour on 30 October 2026.

Carrim’s permanent appointment is seen as a stabilising development for an institution that has been plagued by governance instability, and he has outlined plans to address the RAF’s operational and financial challenges.

7. SCOPA Oversight: Accountability for Former Leadership

Parliament’s Standing Committee on Public Accounts (SCOPA) has been conducting an intensive oversight inquiry into the RAF throughout 2026. Key milestones include:

• June 2026: SCOPA charged former RAF leadership, reasserting parliamentary oversight and accountability following an inquiry into governance and procurement irregularities.
• July 2026: SCOPA recommended personal accountability — specifically, recovering unaccounted funds directly from former responsible executives and board members.

The inquiry has also probed alleged corruption between judges and lawyers in the RAF claims ecosystem, and has highlighted nearly R23 billion in excess payments over a two-year period.

8. RAF Expands Claimant-Centred Services Across South Africa

Despite its financial challenges, the RAF has continued to expand its service delivery footprint. Recent outreach and service expansion initiatives include:

• Extension of claimant-centred services to Polokwane (31 October 2026)
• Extension of services to Mthatha (24 October 2026)
• Extension of services to Bloemfontein (10 October 2026)
• Opening of a new Hospital Service Centre in North West
• Community outreach campaigns in Ulundi, George, Kimberley, and Kokstad
• Youth empowerment through driver training and road safety initiatives (June 2026)

9. RAF Hikes Claim Limits in Line with Inflation

The RAF has increased the cap on its claims in line with inflation. The new maximum claim cap is R347,730, providing slightly improved protection for accident victims in real terms, though critics argue the cap remains inadequate given the severity of injuries many claimants sustain.

10. Surge of 160,000 Revived Claims Following SCA Ruling

The SCA’s ruling on the RAF1 Form has triggered a surge of almost 160,000 revived claims that were previously rejected or not registered under the old Board Notice. The RAF is now moving to curb default judgments as legal reforms gather pace, and has paid out R8.9 billion in recent settlements. However, the sheer volume of revived claims poses an existential financial challenge for the fund.

What This Means for RAF Claimants in South Africa

If you have been injured in a road accident in South Africa, here is what you need to know right now:

1. The RAF1 Form has reverted to the 2008 version — claims previously rejected under the new form may now be eligible for reconsideration.
2. Unpaid claims are a serious issue — with R21.76 billion in finalised but unpaid claims, patience and legal assistance are essential.
3. Legislative changes are coming but not yet in force — do not assume new rules apply until the amendment Act is officially enacted.
4. Seek qualified legal advice — given the complexity of the current RAF landscape, working with an experienced RAF attorney is strongly recommended.
5. Be aware of contingency fee arrangements — the RAF has issued guidance reminding claimants of their rights regarding legal costs and contingency fees.

Conclusion: The RAF at a Crossroads

The Road Accident Fund stands at a critical crossroads in November 2026. With R500 billion in liabilities, a wave of revived claims, landmark court defeats, and sweeping legislative reforms on the horizon, the institution faces its most significant transformation in decades. The appointment of a permanent CEO and the government’s commitment to legislative reform offer some hope — but the road ahead remains long and uncertain for both the fund and the millions of South Africans who depend on it.

Stay informed and bookmark this page for ongoing updates on the Road Accident Fund in South Africa.