<\/p>\n
South Africa\u2019s judicial system is so clogged with Road Accident Fund (RAF) cases that a top judicial official has called for an RAF tribunal.<\/p>\n
The RAF is a government agency that compensates people for losses resulting from vehicle accidents. It receives most of its income from the RAF levy, currently at R2.18 per litre on petrol and diesel.<\/p>\n
The fund has been in disarray for years.<\/p>\n
\nA judge of the North Gauteng High Court in Pretoria has said the RAF\u2019s \u201cchaotic approach to litigation\u201d has resulted in huge losses of public money.<\/p>\n<\/blockquote>\n
In a ruling last June, Judge Jan Swanepoel said the RAF did not deal with its matters properly, does not send lawyers to court to oppose applications or, if it does, does not provide them with any instructions.<\/p>\n
Read:
Mandatory mediation of RAF cases \u2018a failure\u2019
About 50 000 valid RAF claims are in danger of prescribing
RAF liabilities could increase by R400bn<\/p>\nThis resulted in \u201cdefault\u201d judgments. The fund would then apply to rescind the judgments, often on baseless grounds.<\/p>\n
\u201cIn this manner huge sums of money, public money, it must be emphasised, are lost,\u201d said Swanepoel.<\/p>\n
Case for a RAF tribunal<\/strong><\/p>\n
Now Simbongile Siyali, assistant State Attorney in Johannesburg, has made the case for a special tribunal in a piece published in December 2025 by the Law Society of South Africa\u2019s (LSSA) magazine, De Rebus. The LSSA represents South Africa\u2019s attorneys.<\/p>\n
\nSiyali said the government had intended the RAF to be efficient, but laying a claim has become a cumbersome, litigious process that has overwhelmed the judiciary and burdened claimants.<\/p>\n
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\u201cThe mounting backlog of RAF cases \u2013 often stretching into years before resolution \u2013 has eroded public confidence in the system,\u201d he wrote.<\/p>\n
Siyali also pointed out that high courts are ill-suited to deal efficiently with the technical and repetitive nature of RAF claims.<\/p>\n
Read:
Creecy dissolves RAF board
RAF board offers an olive branch to claimants\u2019 attorneys
Mandatory mediation of RAF cases is not working \u2013 lawyers association
Two law firms get lion\u2019s share of RAF\u2019s R103m legal services spend<\/p>\n\u201cAgainst this backdrop, the establishment of a specialised tribunal dedicated exclusively to RAF matters emerges not merely as an administrative convenience but as a constitutional necessity.\u201d<\/p>\n
The huge RAF case backlog had profound human consequences, he said.<\/p>\n
\u201cMany RAF claimants are individuals who have suffered serious bodily injuries, loss of income or the death of a breadwinner.\u201d<\/p>\n
Lessons from other specialised courts<\/strong><\/p>\n
He said there were other specialised courts, including the Labour Court, the Competition Tribunal, the Land Claims Court, the Tax Court and the Electoral Court.<\/p>\n
A dedicated tribunal could develop institutional expertise and standardise approaches to damages assessment.<\/p>\n
\u201cIn doing so, it would improve not only the speed of adjudication but also the substantive fairness of outcomes.\u201d<\/p>\n
A RAF tribunal would comprise adjudicators \u2013 possibly senior judges, senior magistrates, and legal practitioners \u2013 who have significant experience in personal injury and insurance law.<\/p>\n
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The tribunal would be cost-effective, he said.<\/p>\n
\u201cThe current model is extraordinarily expensive for claimants and the fund.\u201d<\/p>\n
\u201cThe time has come for bold reform. Establishing a specialised tribunal for RAF disputes would not only unclog the courts but would mark a decisive step toward a more efficient, responsive and humane justice system \u2013 one that truly delivers on the constitutional promise of access to justice for all.\u201d<\/p>\n
Parliamentary inquiry and reactions<\/strong><\/p>\n
Parliament\u2019s Standing Committee on Public Accounts (Scopa) is currently holding an inquiry into the RAF.<\/p>\n
Scopa member and ActionSA MP Alan Beesley said it was painfully clear that the RAF \u201cis completely broken\u201d.<\/p>\n
He said ActionSA would support the establishment of a specialised RAF tribunal.<\/p>\n
\n\u201cIf urgent changes are not implemented, the RAF horror show will continue, and the clogging up of the justice system will get considerably worse,\u201d Beesley said.<\/p>\n<\/blockquote>\n
DA MP and Scopa member Patrick Atkinson told GroundUp the DA would support any action that would help streamline the resolution of RAF claims.<\/p>\n
\u201cThe establishment of a RAF tribunal that would deal specifically with RAF matters would go some way to alleviating the burden on both the courts, as they stand, with court rolls clogged with RAF matters, and speed up the finalisation of claims.\u201d<\/p>\n
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Read:
Scopa starts process to criminally charge former RAF CEO
RAF inquiry: Two years and almost R23bn in excess payments
Scopa RAF inquiry to probe alleged corruption between judges and lawyers<\/p>\nBut Atkinson warned that an RAF tribunal would be a partial resolution for a \u201ccompletely dysfunctional process\u201d. He said RAF court cases could be reduced by running an efficient settlement system where the RAF would make offers to claimants based on a transparent menu of payouts for a specified list of injuries and their severity.<\/p>\n
\u201cIf run efficiently, far fewer cases would end up in court, and lawyers would have to balance the value of an immediate settlement versus a protracted court battle that may not yield much more for their clients.\u201d<\/p>\n
More reactions\u00a0<\/strong><\/p>\n
ANC MP and Scopa member Helen Neale-May said she was unable to comment.<\/p>\n
GroundUp emailed Scopa chair Songezo Zibi\u2019s spokesperson but no response had been received at the time of publication.<\/p>\n
Read: Who will the RAF listen to?<\/p>\n
Wayne Duvenage, the chief executive of Organisation Undoing Tax Abuse (Outa) said he would support a dedicated RAF tribunal.<\/p>\n
\u2018We believe that the RAF entity has been badly managed and fraught with political interference over the past decade to 15 years,\u201d he said.<\/p>\n
\u00a9 2026 GroundUp. This article was first published here.<\/p>\n
Follow Moneyweb\u2019s in-depth finance and business news on WhatsApp here.<\/em><\/p>\n<\/p><\/div>\n