Western Cape High Court Orders RAF to Pay R1.4 Million to Undocumented Foreigner, Mzansi Furious

• The Road Accident Fund (RAF) has been ordered to pay a Malawian national R1.4 million after he claimed for a 2016 accident
• The RAF said it discovered that Charles Chipofya was undocumented only after the initial claim judgment was handed down
• South Africans are fuming, as many questioned how an undocumented foreigner was allowed to claim from the RAF in the first place

Briefly News journalist Byron Pillay has dedicated a decade to reporting on the South African political landscape, crime, and social issues. He spent 10 years working for the Northern Natal Courier before transitioning to online journalism.

WESTERN CAPE - The Road Accident Fund has found itself once again in the spotlight, this time over a court order.

The Western Cape High Court dismissed an application by the RAF, in which it wanted to rescind a R1.4 million payment.

The payment was awarded to an undocumented Malawian man who was injured in a car crash.

Malawian national involved in 2016 accident

The court heard how Charles Jeka Chipofya, a Malawian national, suffered serious injuries in a 2016 accident in Plettenberg Bay.

Chipofya filed a claim with the RAF, and a proposed settlement of over R1.4 million was agreed upon in 2022. In 2023, a court confirmed the order. The RAF then withdrew its consent, saying it had discovered that Chipofya was undocumented only after the judgment was handed down.

High Court rules in Chipfoya’s favour

Despite the RAF asking the court to rescind the order, claiming it was misled, the Western Cape High Court still dismissed it.

The judge found no evidence to suggest that the initial order was granted in error or that Chipofya acted fraudulently.

This, despite the RAF proving that the Malawian had two passports, one of which expired in 2012, and another, which was issued after the incident took place.

The fund argued Chipfoya was either not in the country at the time of the accident or was staying in South Africa illegally.

Social media users not happy with the court’s ruling

The court’s ruling did not sit well with South Africans, as they expressed unhappiness.

Ruth Saunders said:

“Quite a few South Africans have been denied when they applied with the RAF.”

King Njomane asked:

“How can someone who is in the country illegally qualify for RAF? I mean, knowing how desperate these people are, I wouldn't be surprised if most of them intentionally get themselves involved in accidents just to claim millions from the RAF and go back to their countries.”

Patrick Taele said:

“I have nothing against the old man, but I'm telling you guys that whole amount will not go into the Malawian’s bank account.”

Alexa van de Wyk stated:

“South Africa is a joke of a country. They know the law and constitution favour them more than us.”

Mogomotsi Molefe exclaimed:

“Say it is a joke. How on earth can that be?”

Phuti Mahanah Meso stated:

“One of the dumbest things I've ever heard.”

Source: Briefly News