RAF is being dragged to court again over new rules which require foreigners to prove they were in the country legally at the time of their accidents before they can lodge claims.
JOHANNESBURG - The Road Accident Fund is being dragged to court again, this time over new rules which require foreigners to prove they were in the country legally at the time of their crashes before they can lodge a claim.
"Where the passport document does not have an exit stamp, proof that the claimant is still in the country must be produced. In this instance, indicating an approved visa must be submitted. Copies of the passport must be certified by the SAPS [South African Police Service],” it reads.ALSO READ: Discovery Health takes on RAF in court over compensation policy directive
But a Zimbabwean man who was left with “significant” facial disfigurement after an accident this January, has now launched an application against the RAF with the Minister challenging the new rules in the Pretoria High Court. But in terms of the new rules, he can’t lodge a claim because he came to the country as an asylum seeker in January 2020 and his permit has since lapsed.
He argued the RAF Act represented “a social security measure which assists the state in fulfilling its constitutional duty to protect the social security of road users”.
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