RAF Ordered to Pay 209 Victims R47 Million in 30 DaysOr Face Contempt

The Road Accident Fund (RAF) has been compelled by the Klerksdorp Regional Court to comply with all valid and existing court orders granted in favour of 209 road accident victims, and to pay them a combined total of more than R47.3 million within 30 days.

Regional Court Magistrate MB Mamana further ruled that in the event of non-compliance, the applicants are granted leave to approach the court for further relief, including contempt of court proceedings.

The Background

The judgment was prompted by law firm Theron, Jordaan & Smit Inc , acting on behalf of the claimants, which launched an application to compel the RAF to comply with multiple final court orders already granted in favour of each claimant.

This ruling follows the Supreme Court of Appeal (SCA) last week ordering the RAF to pay Sunshine Hospital more than R92 million within seven days.

The RAF’s Defence

Jan van Aswegen , a director of the law firm, said in an affidavit that the RAF has failed to honour its obligations. The fund has instead adopted the uniform stance that payment cannot be made because certain claims were allegedly “not registered” or not properly captured on its internal administrative system.

Van Aswegen argued that this is factually incorrect, as some claims remain unpaid despite being properly registered. He further stated that the explanation is legally untenable, because “internal administrative errors, omissions or system issues with the RAF cannot override valid court orders.”

The Court’s Ruling

Magistrate Mamana rejected the RAF’s defence, stating that the fund’s reliance on internal administrative processes cannot justify non-compliance with court orders.

She ruled that mandamus (judicial command) is the appropriate remedy in this case.

While acknowledging that the applicants contributed to delays in isolated instances, she stated that this does not excuse the RAF’s non-compliance, adding that the fund’s conduct “reflects a systemic failure to discharge its obligations.”

Contempt Not Yet Established

However, Mamana noted that a finding of contempt is not made “at this stage,” because while non-compliance has been established, the applicants have not presented sufficient evidence to prove wilfulness and bad faith on the part of identified RAF officials.

The Bottom Line

The RAF has 30 days to pay R47.3 million. The court rejected its “administrative issues” defence. If it doesn’t pay, contempt proceedings loom.

For 209 road accident victims, the wait for compensation may finally be ending. But the RAF’s track record suggests the fight may not be over.