Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. Nonkwali v road accident fund 1052007 2008 zasca 3. A medical practitioner has to determine whether or not the claimant has suffered a serious injury by undertaking an. The new legislation placed tighter limits on what you can claim for.
For further information please phone the road accident fund on sharecallnumber. A medical practitioner has to determine whether or not the claimant has. This act limits the road accident fund s liability for compensation in respect of claims for nonpecuniary loss. Ada 7 of 1963, 17 of1963, 5 of l%4, 20 011964, 15 of1967, part i. Section 6 of the principal act is hereby amended by substitution for subsection 1 the financial year of the fund shall run from 1 may april of any year to 30 april 3 i march of the following year. The road accident fund raf is a creature of statue which was governed by the raf act 56 of 1996 up until the 31 july 2008. The objects of the amendment act were to improve the governance of the fund. This act limits the road accident fund s liability for compensation in respect of claims for nonpecuniary loss to instances where a serious injury has been sustained. Thabo mbeki, president of the republic of south africa, brought prematurely into operation certain provisions of the road accident fund amendment act. The constitutional court has ruled unanimously that a number of the contentious sections of the road accident fund amendment act such as limits on damages and the abolition of personal claims against negligent drivers are not unconstitutional.
The minister of transport hereby, in terms of section 26 1ab of the road. Road accident fund regulations, 2008 adjustment of tariff. Act no 4, 2008 road transport legislation amendment car hoons act 2008 no 4 new south wales an act to amend the road transport general act 2005, the road transport safety and traffic management act 1999 and certain other road transport legislation to make further provision with respect to certain speeding and other dangerous driving. The road accident fund amendment bill, 2017 gert nel inc. The proposed amendments to the principal act, as contained in the raf amendment bill of 2017, is intended to address specific aspects of the principal act to support effective financial management and improve the timely, efficient and costeffective delivery to road accident victims. Dec 07, 2010 prior to the introduction of the amendment act, a victim of a road accident was entitled to claim from the fund. This act limits the road accident funds liability for compensation in. South african national roads agency limited and national roads act act 07 of 1998 advertising on roads and ribbon development act, 1940 act 21 of 1940 transport deregulation act 80 of 1988.
The transitional act was introduced to address the constitutional court judgment in mvumvu and others v minister of transport and another 2011 2 sa 473 cc. Changes to road accident fund compensation dsc attorneys. Road accident fund regulations, 2008 20120910 effective date. The court did however find that the proposed tariff for claims to be paid for hospital and other medical expenses was. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders.
The department of transport briefed the committee on the road accident fund transitional provisions bill. Individuals whose earning capacity is compromised as a result of an accident may only recover the capped amount from the fund which currently stands at r180 000. A glance at the road accident fund amendment bill raf bill. The road accident fund amendment act 19 of 2005 came into effect on 1 august 2008. Anele mvumvu first applicant and road accident fund second. This act limits the road accident funds liability for compensation in respect of claims for nonpecuniary loss to instances where a serious injury has been sustained. The provisions discussed in this article affect persons injured in motor vehicle accidents that occurred on or after 1 august 2008 only. Jul 21, 2008 road accident fund regulations, 2008 the road accident fund hereby, under regulation 52 of the road accident fund regulations, 2008, made under the road accident fund act, 1996 act no. Anele mvumvu first applicant and road accident fund.
Road accident fund amendment act 19 of 2005 south african. Road transport legislation amendment car hoons act 2008 no 4 schedule 1 amendment of road transport general act 2005 page 4 6 section 218 1 omit seize and take charge of the motor vehicle and cause it to be removed to a place determined by the commissioner of police. Pdf the interpretation of the amended raf act 56 of 1996 and the. The road accident fund act 56 of 1996 came into operation on the 1 may 1997 old act 19 page pdf the road accident fund amendment act, 2005 came into operation on the 1 august 2008 new act 26 page pdf. The raf, set up by the road accident fund act of 1996, ensures financial compensation, against certain requirements, for persons involved in motor vehicle accidents in south africa, where such accidents are not caused by their own negligence.
To provide for the establishment, administration and management of the motor vehicle. To understand the origin of the rabs bill, it is necessary to first understand the current road accident fund raf that was established by the raf act no. Subscriptions are available via the creamer media store. With acts you are guaranteed the latest and most up to date resource for your legislative needs. The amendment act introduced important and farreaching changes to the compensation scheme for road accident victims. Amended by raf amendment act 43 of 2002 from 4 dec 2002. S 10 amended by revenue laws amendment act 19 of 2001. Prior to 1 august 2008, the road accident fund raf act provided that most categories of road accident victims could claim full compensation from the raf, however certain categories of claimants had their claims limited by section 18 of. The road accident fund 2nd amendment regulations, 2012. One of the effects of the road accident fund amendment act is that with effect of any accident occurring from the 1st of august 2008 onwards, a serious injury assessment has to be completed.
The amendment act limits the road accident funds rafs liability for compensation in respect of claims for nonpecuniary loss. Individuals whose earning capacity is compromised as a result of an accident may only recover the capped amount from. Data for these years will be affected by legislative reform, such as occurred in 2012 under the road transport thirdparty insurance amendment act 2012 which included changes around settlement procedures, compulsory conferencing, mandatory. Roads and public liability in a calabash introduction road transportation is the major mode of transportation in south africa. Pdf the raf amendment act 19 of 2005 came into effect on 1 august 2008 and sections 171 and 171a introduced the concept of serious injury. This act limits the road accident funds liability for compensation in respect. Road accident fund amendment bill, 2011 minister of transport bill to amend the road accident fund act, 1996, so as to provide for transitional measures in respect of certain categories of third parties whose claims were limited under the road accident fund act, 1996 act no.
Regulations 2008 gazette 31249 regulation 770 save this article email this article. Assessment of the different kinds of damage especially. The road accident fund transitional provisions act 15 of 2012 the transitional act came into operation with effect from february 20. Road accident fund regulations, 2008 the road accident fund hereby, under regulation 52 of the road accident fund regulations, 2008, made under the road accident fund act, 1996 act no. S 4 amends financial supervision of the road accidents fund act 8 of 1993. This notice shall come into operation on 1 august 2008. The amendment act repealed section 19bii, but the section continued to apply to claims against the raf where, as in the case of ms da silva, the cause of action arose before 1 august 2008. Amendment of section 1 of act 56 of 1996, as amended by section 125 of act 31 of 2005 1. Road traffic the road traffic act ministry of justice.
If youd like us to get back to you, please enter your email address. Polity offers free access to south african legislation, policy documents and daily political news. Section 21 of the amendment act abolishes this right subject to two exceptions. At webbers attorneys we aim to be accessible, responsive, and efficient in providing legal services to our clients, whether we represent an individual, a small business or a corporate concern. Furthermore, the third party must suffer damage of a particular nature to bring the claim against the raf within the scope of the act. The constitutional court has ruled unanimously that a number of the contentious sections of the road accident fund amendment act such as limits on damages and the abolition of personal claims. Road accident fund transitional provisions act south african. The most important changes made in the raf amendment act 19 of 2005 include the following. Laws 23 of1953, 31 of1953, 5 of 1954, 16 of 1956, 30 of1956, 23 of1957, 6 011959, 15 of1960, 20 of 1960, 11 ofl%l, 14 of 1962. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Ctp act commenced in 2008 to provide trend analysis. The impugned amending provisions were introduced by the road accident fund amendment act, 20053 amendment. Road transport legislation amendment car hoons act 2008. S 4 amends financial supervision of the road accidents fund.
The narrative test m slabbert h j edeling summary the road accident fund amendment act 19 of 2005 came into effect on 1 august 2008. In the event that no claim lay against the fund, or its liability was limited, the victim retained a residual common law claim against the wrongdoer. Rectifying the mvumvu disparity the road accident fund. Prior to 1 august 2008, the road accident fund raf act provided that most categories of road accident victims could claim full compensation from the raf, however certain categories of claimants had their claims limited by section 18 of the old act. The surface of the type of damage suffered in terms of section 17 of the road accident fund act is only scratched. The road accident fund amendment act 19 of 2005 came into effect on 1 august. Mar 06, 2008 1section 17 of the act confers on a third party a claim against the road accident fund for any loss or damage suffered by him or her as a result of any bodily injury to himself or herself arising from the driving of a motor vehicle if the injury is due to the negligence or other wrongful act of the driver or owner of the motor vehicle.
The road accident fund act 56 of 1996 and serious injuries. Consult our simple explanation of the 2008 changes to the rules for claims for more information. To amend the road accident fund act, 1996, so as to extend the powers of the fund regarding the conclusion of agreements. The raf act of 1996 was amended and as a result the raf amendment act 19 of 2005 came into operation on the 01 august 2008. The raf amendment act 19 of 2005 came into effect on 1 august 2008 and sections 171 and 171a introduced the concept of serious injury. The section stipulates that this limit is to be adjusted quarterly to counter the effects of inflation. This report may only be done once what is referred to as m. The raf provides insurance cover which compensates all south african road users for injuries sustained or death arising from accidents involving motor vehicles within the. Motor vehicle accident fund act 10 of 2007 gg 3970 brought into force on. Adjustment of statutory limit in respect of claims for loss of income and loss of support.
Despite a number of road laws which seek to regulate and control the use of vehicles on south african roads, accidents occur daily. The road accident fund amendment act, 2005 came into operation on the 1 august 2008 new act the object of both acts is to pay compensation in accordance with applicable legislations for personal loss or damage wrongfully caused by the driving of a motor vehicle. The legislation governing claims against the road accident fund was amended with effect from 1 august 2008. It is important to remember that these amendments are only applicable to motor vehicle accidents that took place on or after 1 august 2008 as the raf amendment act 19 of 2005 is not retrospective in nature. The interpretation of the amended raf act 56 of 1996 and the. Kruger v president of the republic of south africa and others 1 is an important case in south african law, heard in the constitutional court cc on 19 february 2008, with judgment handed down. Section 1 of the road accident fund act, 1996 act no. Kruger v president of the republic of south africa wikipedia. For these reasons, damage to a motor vehicle as well as damage to clothing, spectacles, false. Section 6 of the principal act is hereby amended by substitution for subsection 1 the financial year of the fund shall run from 1 may april of any year to.
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