Who Gets Paid? RAF Appeals Pretoria Judgement on Foreigner's Accident Claims

• The Road Accident Fund (RAF) has appealed to the Supreme Court of Appeal regarding the legality of paying funds for undocumented foreigners involved in accidents in SA
• The fund is challenging a Pretoria High Court ruling that allowed undocumented foreigners to claim compensation
• The RAF argues that allowing such claims contradicts the Immigration Act, which makes illegal entry into South Africa a criminal offence

BLOEMFONTEIN- The Road Accident Fund (RAF) has taken its fight to the Supreme Court of Appeal, arguing that undocumented foreigners should not be allowed to claim compensation from the fund.

This comes after a High Court in Pretoria ruled in favour of foreign nationals who had been involved in accidents in South Africa.

Both sides present arguments before the court

According to SABC News, the RAF contends that the High Court’s decision, made on 26 March 2024,conflicts with the Immigration Act, which prohibits illegal entry into the country.

Read also

Audio clip sparks ANC probe as Mayor Maria Thamaga faces allegations of stealing municipal money

The fund argues that the mere presence of undocumented foreign nationals constitutes a criminal offence.

RAF also defended the 2022 ministerial directive, which amended forms to accurately capture the location of accidents, calling the changes “just and necessary.”

In their defence, the claimants highlighted inconsistencies, noting that criminals such as thieves driving stolen vehicles, unlicensed drivers, or pedestrians crossing highways are not barred from claiming from the RAF. They questioned why foreigners should be explicitly excluded.

The debate has sparked a flurry of reactions on social media, with users expressing strong opinions on both sides of the argument.

Social media users weigh in

@hodmudau stated:

"This is a step in the right direction. South Africans' tax money can not and must not be used to fund illegality. Thank you, RAF, for realising that. Now it is for the court to decide. Not the SAHRC or some NGO whose sole aim is to collapse South Africa."

@THULIIIIIIIIII said:

"What’s draining about this country is that we fight for our last resources with people who broke the law to enter the country, and the worst part is that they get the attention and the ear from the media."

Read also

"Digital lion has free will": Rhodes University breaks the silence about a 'lion' roaming on campus

@ThatcherMauto argued:

"My question is, can someone get involved in an accident and get injured willingly so that he or she can get that money? The way it is being handled seems like there is a fundraising effort from foreigners. Accidents happen."

@MphiniNghala wrote:

"The argument makes sense. You cannot reward criminality; however, what’s the recourse for those who are undocumented? It feels like they will have no protection at all."

@Galela15505225 commented:

"Our judges must stop playing around with SA's sovereignty. How on earth can the State pay someone who is in the country illegally (a ghost)? That is irregular expenditure."

RAF proposes that foreigners have travel insurance

In related news, the fund previously proposed that visitors to South Africa must have travel insurance to cover road accidents rather than rely on the state fund. The draft bill, which has drawn criticism from legal experts, suggests foreigners should fend for themselves because current payouts to non‑citizens are seen as a misuse of the system. The proposals have sparked debate about fairness and potential impacts on tourism and visitors driving on South African roads.

Read also

Child assault in Oudtshoorn: 75-year-old man and 52-year-old woman arrested after viral video

Previously, Briefly News reported that Transport Minister Barbara Creecy dissolved the Road Accident Fund (RAF) board on 15 July 2025. This was due to ongoing governance and operational problems that she said were undermining the entity’s ability to fulfil its mandate. The dissolution signalled a move by the government to address persistent challenges at the RAF and restore confidence in its administration.

Source: Briefly News