Road Accident Fund South Africa: Key Updates, Crisis & Reforms – October 2026

The Road Accident Fund (RAF) in South Africa is at a critical crossroads in October 2026. From a landmark Supreme Court of Appeal ruling that triggered a surge of nearly 160,000 new claims, to proposed legislative amendments, a looming fuel levy hike, and a new CEO appointment — the RAF is making headlines for all the right and wrong reasons. Here is a comprehensive roundup of the latest news and developments.

1. RAF Faces Surge of Almost 160,000 Claims After SCA Ruling

One of the most significant developments of 2026 has been the Supreme Court of Appeal (SCA) judgment handed down on 30 April 2026, which set aside the controversial 2022 RAF 1 Form regime and reinstated the original 2008 version. The ruling has opened the floodgates for a massive wave of previously rejected claims.

According to figures presented to Parliament’s Portfolio Committee on Transport in August 2026, the RAF had already received 62,643 claims in the post-judgment stream by 1 July 2026. Based on the intake rate at the time, the Fund projected a total of 159,591 claims by the 30 September 2026 resubmission deadline.

The financial exposure is staggering. Applying the RAF’s average payment of approximately R283,595 per claim to the projected 159,591 RAF 1 Form claims produces a potential liability figure of around R45.3 billion — though this is not a formal forecast, as claim values vary widely.

Why the 2022 Form Was Struck Down

The RAF introduced the revised RAF 1 Form in July 2022, requiring extensive documentation at the point of lodgement. The stated aim was to reduce the backlog of incomplete claims. However, the Gauteng High Court declared the revised form unlawful in March 2024, and the SCA confirmed this on appeal in April 2026. The court found that the RAF lacked the authority to impose additional binding requirements, and that the required public participation process had not taken place.

Claimants whose submissions were rejected under the 2022 regime were given until 30 September 2026 to resubmit using the 2008 form, with their claims treated as having been lodged on the original submission date — protecting them from prescription.

2. RAF Pays R8.9 Billion in Q1 2026/27 — But Payment Queue Keeps Growing

Despite a significant increase in payouts, the RAF’s payment backlog continues to grow. The Fund paid out R8.9 billion across 80,665 claims between April and June 2026 — a 54% increase compared to the same quarter in the previous financial year.

However, the amount of requested-but-not-yet-paid (RNYP) claims increased from R18.56 billion at the start of the quarter to R22.18 billion by 30 June 2026. During the quarter, R12.57 billion in new claims entered the pipeline, while only R8.95 billion was paid out — resulting in a net increase of R3.62 billion in the payment queue.

Where the R8.9 Billion Went

• Loss of earnings: R4.831 billion
• Plaintiff legal and costs: R2.018 billion
• General damages: R1.358 billion
• Loss of support: R291 million
• Past medical expenses: R276 million
• Future medical expenses: R160 million
• RAF legal and costs: R51 million
• Funeral costs: R4 million

The RAF had 301,203 open claims as of 30 June 2026, with 88% still on the older Legacy system rather than the newer Bokamoso integrated claims management platform.

3. RAF Legislation to Be Amended — Four Key Areas Under Review

In a significant development on 6 October 2026, the Department of Transport confirmed to Parliament’s Portfolio Committee on Transport that amendments to the RAF Act are being finalised and will soon be tabled before the committee.

Acting Director-General Mokonyama Mathabatha outlined four areas targeted for amendment:

1. Capped claims — introducing limits on compensation payouts
2. Rehabilitation — improving support for injured claimants
3. Mediation and conciliation — creating alternative dispute resolution mechanisms
4. Claims by foreign nationals — addressing the legal complexity around undocumented claimants

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

The Foreign Nationals Controversy

The issue of foreign national claims has been a contentious legal battleground. Courts have consistently found that the existing RAF Act refers to compensation for “any person” and does not contain an immigration-status restriction. The Gauteng High Court set aside provisions requiring foreign claimants to prove lawful presence in South Africa, and subsequent judgments have upheld this interpretation.

Government is now seeking to address this through legislation, though the proposed amendments must still go through the full parliamentary process before becoming law. Motorists and accident victims should continue to operate under the existing RAF framework until any changes are formally enacted.

4. RAF Eyes R3/Litre Fuel Levy Increase Amid Mounting Debt

The RAF is reportedly eyeing a fuel levy increase to R3 per litre — up from the current R2.25 per litre that took effect on 1 April 2026. This would represent a 33% increase in the RAF levy component of South Africa’s fuel price.

The proposal comes as the Fund’s financial position deteriorates sharply:

• National Treasury estimated the RAF’s liabilities for 2025/26 at R387.4 billion, against assets of just R19.2 billion
• News24 reported that the Fund now owes approximately R449 billion in outstanding claims
• More than 422,000 claims remain open, with 59% older than five years

However, the levy increase faces political headwinds. Deputy Transport Minister Mkhuleko Hlengwa has expressed preference for a hybrid funding model incorporating a smaller levy alongside new revenue sources such as third-party vehicle insurance and mandatory travel insurance for foreign visitors. The ANC and trade union federation Cosatu have also called for fuel levy relief, not increases.

Civil society watchdog OUTA has argued that better management — not higher levies — is the solution, with CEO Wayne Duvenage suggesting improved efficiency could reduce the levy by R1 per litre.

5. New CEO Appointed: Waseem Carrim Takes the Helm

In a major leadership development, Cabinet approved Mr Waseem Carrim as the new Chief Executive Officer of the Road Accident Fund in September 2026. The appointment comes after Transport Minister Barbara Creecy dissolved the Fund’s board in July 2025, citing persistent governance and operational problems.

The government hopes to appoint a permanent board by the end of 2026. The new leadership faces an enormous challenge: stabilising the Fund’s finances, clearing the claims backlog, and overseeing the legislative reform process.

6. Governance Concerns: Suspended Staff Costing Taxpayers Millions

Staff suspensions have become a significant governance issue at the RAF. A written reply to Parliament published in September 2026 confirmed that 16 employees were suspended with pay pending disciplinary processes, at a cost of R28.5 million in salaries. News24 has reported the number of suspended staff at 23, costing taxpayers approximately R26 million per year.

The first suspension dates back to May 2024, with monthly salaries ranging from R48,796 to R333,874 before tax. The ongoing suspensions represent a significant drain on the Fund’s already strained resources.

7. RAF Community Outreach and “Boots on the Ground” Approach

In a positive development, the RAF has launched a community outreach initiative aimed at directly engaging with claimants in their communities. The programme includes:

• Checking the status of claims
• Helping claimants address outstanding documentation
• Confirming whether claimants are aware of offers made on their claims
• Reporting alleged unscrupulous attorneys and touts

Deputy Transport Minister Hlengwa highlighted a critical gap in the system: cases where lawyers push for more money while claimants are unaware that the RAF has already made an offer. The outreach programme is designed to close this “missing link in the ecosystem.”

What This Means for RAF Claimants in South Africa

If you have a pending or potential RAF claim, here are the key takeaways from the latest developments:

• If your claim was rejected under the 2022 RAF 1 Form regime, the 30 September 2026 resubmission deadline has now passed. If you missed it, consult an attorney urgently about your options.
• Payment delays remain a reality. With over R22 billion in the payment queue, claimants should expect continued delays even after claims are finalised.
• Legislative changes are coming, but have not yet been enacted. Continue to operate under the existing RAF Act framework.
• Be wary of unscrupulous attorneys and touts. The RAF’s community outreach programme is specifically targeting this problem.
• Use official RAF channels to check your claim status: visit www.raf.co.za or contact the RAF WhatsApp line at 071 605 4707.

Conclusion: A Fund Under Pressure, But Reform Is Underway

The Road Accident Fund is navigating one of the most turbulent periods in its history. The combination of a massive post-SCA claims surge, a growing payment backlog, mounting debt, governance challenges, and the need for fundamental legislative reform presents an enormous challenge for the new leadership under CEO Waseem Carrim.

However, there are signs of progress: increased quarterly payouts, active community engagement, and a government that is — at last — moving to address the structural unsustainability of the current RAF Act. The proposed amendments covering capped claims, rehabilitation, mediation, and foreign national claims represent the most significant reform effort in years.

South Africans affected by road accidents should stay informed about these developments, as the legislative changes — once enacted — could significantly affect how claims are processed and compensated.

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