SCOPA Warns Road Accident Fund Could Face a Flood of Claims
What Happened?
The Standing Committee on Public Accounts (SCOPA) looked into how the Road Accident Fund (RAF) handles compensation claims. After reviewing evidence from a year‑long inquiry, the committee released a draft report that raises serious concerns about the fund’s future.
The Problem with the Claim Form
Old Form (2008)
Introduced in line with the RAF Act, the original claim form was simple. Claimants needed to provide:
- Details of the insured vehicle
- A medical report
- Date and place of the accident
- Amount being claimed
- Supporting documents for medical costs
Courts have called this form the “gateway” to any compensation claim.
New Form (2022)
In 2022 the RAF changed the form to require “substantial compliance.” Now claimants must also submit:
- Specialised reports
- Additional paperwork that many find costly and confusing
If any compulsory item is missing, the claim is not registered and receives no claim number.
Why SCOPA Is Worried
Accessibility Issues
The new form is:
- Complex and hard to understand
- Expensive to complete because of the need for expert reports
- Available only in English, limiting non‑English speakers
As a result, many claimants cannot lodge a claim without hiring an attorney, which adds extra costs.
Drop in Registered Claims
Evidence showed a significant fall in the number of claims being registered after the 2022 form was introduced. Fewer people are able to get through the “gateway,” leaving them without RAF assistance.
Increased Litigation
The stricter requirements have led to more court cases. Claimants challenge the form, and the RAF spends money defending it. SCOPA noted there was no proof that the RAF board properly questioned the legality of these changes before approving them.
Financial Impact
SCOPA warned that if the courts rule against the RAF’s current form, a huge wave of previously blocked claims could flood the system. The fund might then face liabilities far beyond what it expects.
- National Treasury estimates the RAF’s existing liability at over R400 billion.
- ActionSA MP Alan Beesley mentioned a potential risk of R500 billion if the form is struck down.
Such a sudden increase in payouts would strain the RAF’s finances, hurt claimants who rely on the fund, and affect society at large.
What SCOPA Recommends
Reinstate Accessible Claims
The committee urges the RAF to prepare to reinstate claims that were blocked by the 2022 form, following legal advice on which claims are valid.
Hold Decision‑Makers Accountable
DA MP Patrick Atkinson called for findings against the former board and ex‑CEO Collins Letsoalo, who approved the form change. He argued their decision created unnecessary liability that could jeopardise the fund.
Review Litigation Costs
ANC MP Helen Neale‑May stressed the need to tally all money spent on fruitless court battles over the form, to prevent wasteful spending in the future.
Conclusion
SCOPA’s draft report highlights a serious risk: the RAF’s current claim form may be keeping many deserving claimants out of the system, while also exposing the fund to massive financial exposure if the courts reject it. By making the form simpler, ensuring proper oversight, and learning from costly litigation, the RAF can protect both its finances and the people it serves.
