Road Accident Fund Must Include Undocumented Foreigners in Compensation, Supreme Court Affirms

• The Supreme Court ruled that the Road Accident Fund (RAF) must compensate all road accident victims, including undocumented foreign nationals
• The ruling follows an appeal by the RAF against a decision of the Gauteng High Court in Pretoria
• The RAF challenged the ruling at the SCA, arguing that undocumented foreign nationals should be excluded from the scheme

Justin Williams, a journalist at Briefly News since 2024, covers South Africa’s current affairs. Before joining Briefly News, he served as a writer and chief editor at Right for Education Africa’s South African chapter.

The Supreme Court of Appeal has ruled that the Road Accident Fund (RAF) must compensate all road accident victims, including undocumented foreign nationals, finding that the term "any person" in the RAF Act applies to them.

Road accidents do not discriminate

The ruling follows an appeal by the RAF against a decision of the Gauteng High Court in Pretoria, which set aside a directive requiring foreign nationals to prove their legal presence in South Africa at the time of injury in order to claim compensation. In that earlier judgment, a full bench led by Judge Norman Davis found that the directive unlawfully required foreign claimants to provide proof of legal status in addition to identification. Davis said road accidents do not discriminate between victims based on race, gender, age or immigration status, and added that nothing in the RAF Act excludes foreign nationals from claiming compensation.

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He further held that neither the transport minister nor the RAF could amend or limit the scope of the Act through policy decisions or interpretation, as doing so would exceed their legal powers. The RAF challenged the ruling at the SCA, arguing that undocumented foreign nationals should be excluded from the scheme. It said the directive was intended to ensure claims related to accidents within South Africa, prevent fraud and avoid conflict with the Immigration Act. The SCA dismissed the appeal with costs, finding that the RAF Act does not exclude individuals based on immigration status and that "any person" includes all road accident victims in the country.

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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.

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Foreign nationals are among the numerous patients who owe the Gauteng Department of Health billions in unpaid fees. During a recent appearance before the Portfolio Committee, the department noted that it was taking steps to recover R4.6 billion in outstanding patient fees.

Source: Briefly News