The amendment act introduced important and farreaching changes to the compensation scheme for road accident victims. The proposed amendments to the principal act, as contained in the raf amendment bill of 2017, is intended to address specific aspects of the principal act to support effective financial management and improve the timely, efficient and costeffective delivery to road accident victims. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. The constitutional court has ruled unanimously that a number of the contentious sections of the road accident fund amendment act such as limits on damages and the abolition of personal claims. Roads and public liability in a calabash introduction road transportation is the major mode of transportation in south africa. To understand the origin of the rabs bill, it is necessary to first understand the current road accident fund raf that was established by the raf act no. This act limits the road accident funds liability for compensation in respect of claims for nonpecuniary loss to instances where a serious injury has been sustained. For these reasons, damage to a motor vehicle as well as damage to clothing, spectacles, false. A glance at the road accident fund amendment bill raf bill.
The road accident fund act 56 of 1996 and serious injuries. The amendment act repealed section 19bii, but the section continued to apply to claims against the raf where, as in the case of ms da silva, the cause of action arose before 1 august 2008. The road accident fund transitional provisions act 15 of 2012 the transitional act came into operation with effect from february 20. This act limits the road accident funds liability for compensation in respect. The road accident fund act 56 of 1996 came into operation on the 1 may 1997 old act 19 page pdf the road accident fund amendment act, 2005 came into operation on the 1 august 2008 new act 26 page pdf. This act limits the road accident funds liability for compensation in. South african national roads agency limited and national roads act act 07 of 1998 advertising on roads and ribbon development act, 1940 act 21 of 1940 transport deregulation act 80 of 1988. Section 1 of the road accident fund act, 1996 act no. Act no 4, 2008 road transport legislation amendment car hoons act 2008 no 4 new south wales an act to amend the road transport general act 2005, the road transport safety and traffic management act 1999 and certain other road transport legislation to make further provision with respect to certain speeding and other dangerous driving.
Consult our simple explanation of the 2008 changes to the rules for claims for more information. The narrative test m slabbert h j edeling summary the road accident fund amendment act 19 of 2005 came into effect on 1 august 2008. One of the effects of the road accident fund amendment act is that with effect of any accident occurring from the 1st of august 2008 onwards, a serious injury assessment has to be completed. Anele mvumvu first applicant and road accident fund. The road accident fund amendment act 19 of 2005 came into effect on 1 august 2008. Road transport legislation amendment car hoons act 2008 no 4 schedule 1 amendment of road transport general act 2005 page 4 6 section 218 1 omit seize and take charge of the motor vehicle and cause it to be removed to a place determined by the commissioner of police. Amended by raf amendment act 43 of 2002 from 4 dec 2002. S 4 amends financial supervision of the road accidents fund. Data for these years will be affected by legislative reform, such as occurred in 2012 under the road transport thirdparty insurance amendment act 2012 which included changes around settlement procedures, compulsory conferencing, mandatory. Pdf the interpretation of the amended raf act 56 of 1996 and the. To provide for the establishment, administration and management of the motor vehicle.
Mar 06, 2008 1section 17 of the act confers on a third party a claim against the road accident fund for any loss or damage suffered by him or her as a result of any bodily injury to himself or herself arising from the driving of a motor vehicle if the injury is due to the negligence or other wrongful act of the driver or owner of the motor vehicle. The impugned amending provisions were introduced by the road accident fund amendment act, 20053 amendment. Rectifying the mvumvu disparity the road accident fund. Amendment of section 1 of act 56 of 1996, as amended by section 125 of act 31 of 2005 1. The new legislation placed tighter limits on what you can claim for. In the event that no claim lay against the fund, or its liability was limited, the victim retained a residual common law claim against the wrongdoer. Thabo mbeki, president of the republic of south africa, brought prematurely into operation certain provisions of the road accident fund amendment act.
Pdf the raf amendment act 19 of 2005 came into effect on 1 august 2008 and sections 171 and 171a introduced the concept of serious injury. Section 6 of the principal act is hereby amended by substitution for subsection 1 the financial year of the fund shall run from 1 may april of any year to 30 april 3 i march of the following year. Subscriptions are available via the creamer media store. The most important changes made in the raf amendment act 19 of 2005 include the following.
Kruger v president of the republic of south africa wikipedia. Road accident fund amendment bill, 2011 minister of transport bill to amend the road accident fund act, 1996, so as to provide for transitional measures in respect of certain categories of third parties whose claims were limited under the road accident fund act, 1996 act no. The constitutional court has ruled unanimously that a number of the contentious sections of the road accident fund amendment act such as limits on damages and the abolition of personal claims against negligent drivers are not unconstitutional. The road accident fund 2nd amendment regulations, 2012. The court did however find that the proposed tariff for claims to be paid for hospital and other medical expenses was.
S 4 amends financial supervision of the road accidents fund act 8 of 1993. Polity offers free access to south african legislation, policy documents and daily political news. Road accident fund regulations, 2008 20120910 effective date. The section stipulates that this limit is to be adjusted quarterly to counter the effects of inflation. Ada 7 of 1963, 17 of1963, 5 of l%4, 20 011964, 15 of1967, part i. Road accident fund amendment act 19 of 2005 south african. Prior to 1 august 2008, the road accident fund raf act provided that most categories of road accident victims could claim full compensation from the raf, however certain categories of claimants had their claims limited by section 18 of. The interpretation of the amended raf act 56 of 1996 and the. Section 6 of the principal act is hereby amended by substitution for subsection 1 the financial year of the fund shall run from 1 may april of any year to. This act limits the road accident fund s liability for compensation in respect of claims for nonpecuniary loss. The objects of the amendment act were to improve the governance of the fund. The department of transport briefed the committee on the road accident fund transitional provisions bill.
This report may only be done once what is referred to as m. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. To amend the road accident fund act, 1996, so as to extend the powers of the fund regarding the conclusion of agreements. The raf provides insurance cover which compensates all south african road users for injuries sustained or death arising from accidents involving motor vehicles within the. With acts you are guaranteed the latest and most up to date resource for your legislative needs. The amendment act limits the road accident funds rafs liability for compensation in respect of claims for nonpecuniary loss.
Furthermore, the third party must suffer damage of a particular nature to bring the claim against the raf within the scope of the act. Ctp act commenced in 2008 to provide trend analysis. A medical practitioner has to determine whether or not the claimant has suffered a serious injury by undertaking an. Laws 23 of1953, 31 of1953, 5 of 1954, 16 of 1956, 30 of1956, 23 of1957, 6 011959, 15 of1960, 20 of 1960, 11 ofl%l, 14 of 1962. The road accident fund amendment bill, 2017 gert nel inc. The provisions discussed in this article affect persons injured in motor vehicle accidents that occurred on or after 1 august 2008 only. This notice shall come into operation on 1 august 2008. Road accident fund act and regulations 561996 data dynamics. The raf act of 1996 was amended and as a result the raf amendment act 19 of 2005 came into operation on the 01 august 2008. Adjustment of statutory limit in respect of claims for loss of income and loss of support. Individuals whose earning capacity is compromised as a result of an accident may only recover the capped amount from the fund which currently stands at r180 000. Road accident fund regulations, 2008 adjustment of tariff. A medical practitioner has to determine whether or not the claimant has. The raf, set up by the road accident fund act of 1996, ensures financial compensation, against certain requirements, for persons involved in motor vehicle accidents in south africa, where such accidents are not caused by their own negligence.
Despite a number of road laws which seek to regulate and control the use of vehicles on south african roads, accidents occur daily. If youd like us to get back to you, please enter your email address. Section 21 of the amendment act abolishes this right subject to two exceptions. Motor vehicle accident fund act 10 of 2007 gg 3970 brought into force on. The road accident fund raf is a creature of statue which was governed by the raf act 56 of 1996 up until the 31 july 2008. Individuals whose earning capacity is compromised as a result of an accident may only recover the capped amount from. Jul 21, 2008 road accident fund regulations, 2008 the road accident fund hereby, under regulation 52 of the road accident fund regulations, 2008, made under the road accident fund act, 1996 act no. The raf amendment act 19 of 2005 came into effect on 1 august 2008 and sections 171 and 171a introduced the concept of serious injury. Prior to 1 august 2008, the road accident fund raf act provided that most categories of road accident victims could claim full compensation from the raf, however certain categories of claimants had their claims limited by section 18 of the old act.
Road accident fund transitional provisions act south african. S 10 amended by revenue laws amendment act 19 of 2001. The legislation governing claims against the road accident fund was amended with effect from 1 august 2008. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. Dec 07, 2010 prior to the introduction of the amendment act, a victim of a road accident was entitled to claim from the fund. Changes to road accident fund compensation dsc attorneys. Road traffic the road traffic act ministry of justice.
The surface of the type of damage suffered in terms of section 17 of the road accident fund act is only scratched. Anele mvumvu first applicant and road accident fund second. Kruger v president of the republic of south africa and others 1 is an important case in south african law, heard in the constitutional court cc on 19 february 2008, with judgment handed down. Nonkwali v road accident fund 1052007 2008 zasca 3.
Road transport legislation amendment car hoons act 2008. Assessment of the different kinds of damage especially. The road accident fund amendment act 19 of 2005 came into effect on 1 august. For further information please phone the road accident fund on sharecallnumber. This act limits the road accident fund s liability for compensation in respect of claims for nonpecuniary loss to instances where a serious injury has been sustained.
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