South Africa Prepares Road Accident Fund Amendments Covering Mediation and Foreign National Claims
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TL;DR
- South African government is drafting amendments to the Road Accident Fund Act.
- Changes proposed include mediation and conciliation for dispute resolution.
- New rules for claims by foreign nationals are being considered.
- Amendments are not yet law and await parliamentary process.
Overview
The South African government is finalizing draft amendments to the Road Accident Fund (RAF) Act. These proposed changes cover mediation and conciliation procedures for dispute resolution, along with claim caps, rehabilitation, and rules regarding claims by foreign nationals. The amendments have not yet been tabled with Parliament and the final legal text is not available.
What Happened
On 6 October 2026, South Africa's Department of Transport briefed Parliament's Portfolio Committee on Transport regarding planned amendments to the Road Accident Fund (RAF) Act.
Acting Director-General Mokonyama Mathabatha announced that the amendments are designed to address four areas: claim caps, rehabilitation, mediation and conciliation for dispute resolution, and claims by foreign nationals.
Current legislation does not yet reflect these proposed changes, and the government has not released draft wording for the amendments.
The proposed inclusion of foreign national claims follows recent High Court judgments that set aside previous administrative requirements for proof of lawful presence and clarified that immigration status cannot be used as an exclusion criterion for RAF claims under current law.
The reforms are not yet in effect, and further detail will only become available once the amendment bill is published and tabled for parliamentary consideration.
Context
The Road Accident Fund operates under legislation designed to compensate those injured or killed in road accidents in South Africa, including foreign nationals, as clarified by recent court judgments.
Current rules require a fault-based system, but recent administrative attempts to restrict foreign nationals' claims were overturned by the courts.
Potential amendments may respond to sustainability challenges and ongoing legal uncertainties, affecting both local and foreign claimants.
Why It Matters
- The amendment of the Road Accident Fund Act could affect the process for settling claims, introduce formal mediation and conciliation mechanisms, and clarify eligibility for foreign nationals.
- The changes may impact compensation procedures and dispute resolution for those suffering bodily injury or loss from road accidents in South Africa.