Proposed Amendments to Road Accident Fund Act Spark Public Concern

The LSSA* has issued a call to action. It urges the public and civic associations to formally object to the proposed amendments to the Road Accident Fund Act. Recently gazetted by the transport minister, the draft amendment bill has raised significant concerns among South African road users.

The proposed changes would significantly alter how the Road Accident Fund operates and handles claims. The most contentious aspect of the bill is removing the rights of drivers, passengers, and pedestrians to claim compensation for injuries they have suffered. Instead, the fund would only provide reduced ‘social benefits.’

The LSSA warns that innocent injured parties would still not receive a common law claim against the guilty party for the balance of their loss. Given that all road users contribute directly or indirectly to the fund through the fuel levy, which amounts to approximately R45 billion annually, these proposed changes have stirred significant unease.

The LSSA predicts that the most vulnerable, including people with low incomes and public transport users, would bear the brunt of these amendments. Many would be forced into the public health system, as the prescribed tariffs would not cover the costs incurred at private healthcare facilities, where many currently receive treatment.

Also read: JMPD Denies Roadblock Arrests for Municipal Defaulters

Under the proposed legislation, claimants would not receive lump-sum payments, and those unable to produce a payslip might not receive compensation for loss of earnings. This new rule could force individuals to take out expensive private accident cover for medical expenses and accident benefits.

The LSSA argues that these amendments would uniquely discriminate against road accident victims, as they would be deprived of the right to seek compensation for harm suffered due to the fault of another despite contributing to the fund. Moreover, the proposed changes exclude injuries in motor vehicle accidents in various private areas and roads, including parking areas, sports fields, farm roads, driveways, private estates, and game reserves.

Additionally, individuals who are not citizens or permanent residents and those crossing highways, injured in hit-and-run accidents, or testing over the legal limit for alcohol would not be covered. The bill also does away with payments for pain and suffering, loss of amenities of life, disability, disfigurement, or shock.

The LSSA is encouraging concerned citizens to voice their objections to these amendments. The deadline for comments and complaints is October 8, and they can go to Lindiwe Twala at [email protected] or Trevor Mphahlele at [email protected]. The LSSA’s call to action reflects the growing unease among South African road users regarding the potential ramifications of these proposed changes.

*Law Society of South Africa

Source: Alarm raised over amendments to Road Accident Fund Act

Also read:

Tragic Video: Over 20 Miners Killed in Collision on Limpopo Road

Picture: Facebook / Road Accident Fund

Follow us on Google News.