The Road Accident Fund refused to hand over crucial documents explaining how it determined the new medical tariffs.
The Law Society of South Africa and the National Council of and for Persons with Disabilities have challenged new medical tariffs promulgated by the Minister of Transport last year.
The Road Accident Fund is refusing to hand over crucial documents required in a court challenge by the Law Society of South Africa and the National Council of and for Persons with Disabilities against drastic changes to what the fund will pay road accident victims.
The LSSA and the NCPD are challenging the constitutionality of these tariffs on the basis that they are irrational, unreasonable and unjustifiably limit the rights of access to healthcare. The RAF applied for leave to appeal her order, which was refused. The fund has since applied for leave to appeal to the Supreme Court of Appeal, which is still pending.
“They contend that given that the public sector cannot provide this care, either at all or at a sufficient quality or urgency, the result of the tariffs will be that many thousands of road accident victims will die or be permanently disabled.” “The RAF, as its central defence, has claimed that the impugned tariffs are not too low because they are based on the average of medical scheme’s tariffs … that the private sector is happy to accept them.”“The RAF has refused to disclose the relevant documents that it has a clear obligation to disclose. A pattern emerges from the conduct of the RAF: the default reaction to a letter or a notice appear to be simply ignored.
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