Zuko Komisa
- The Supreme Court of Appeal ruled that “any person” in the Road Accident Fund (RAF) Act includes illegal foreigners.
- Judges upheld a High Court decision striking down directives that required proof of legal residency to claim.
- The RAF was ordered to pay costs after failing to block compensation for injured foreign nationals.
The Supreme Court of Appeal (SCA) has dismissed an appeal by the Road Accident Fund (RAF) with costs, reaffirming that undocumented foreign nationals are entitled to claim compensation for road accident injuries.
The ruling upholds a 2024 High Court judgment which found that Section 17(1) of the RAF Act, providing cover for “any person,” does not exclude individuals based on their immigration status.
The dispute intensified in 2022 when the RAF issued directives and a new claim form requiring foreign claimants to provide passports with valid entry stamps.
The Fund’s leadership argued these measures were necessary to prevent fraudulent claims from accidents occurring outside South Africa and to comply with immigration laws.
However, the SCA agreed with the lower court that neither the Minister of Transport nor the RAF has the authority to refine or limit the Act’s original scope.
In a secondary blow to the Fund, the SCA also dismissed an appeal regarding the RAF’s refusal to pay out 13 foreign nationals who had already successfully prosecuted their claims.
Despite reaching settlements some of which were made court orders the RAF had attempted to interdict the Sheriff from seizing assets to satisfy these debts.
The court’s decision reinforces that the social security net provided by the RAF is intended for all victims of South African road accidents, regardless of their legal standing in the country.
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