What is happening with the Road Accident Fund Constitutional Appeal

Road accident fund

Road Accident fund claims

Seven road accident victims have joined the Law Society of South Africa in an application challenging

the constitutionality and legality of a number of provisions of the Road Accident Fund Amendment Act and Regulations.

As co-applicants Permission was granted by the Pretoria High Court yesterday for the seven to be accepted.

Attorney Koenie Rantgen said as each of them had a case the seven had been picked as co-applicants.

The main use is to be heard the following year.

The seven were badly injured in road mishaps and they need to show to the court that they are prejudiced by the amendments to the Road Accident Fund (RAF) laws.

They said the amendments refuse them specific rights to settlement that they would have received had They been wounded before August 1 last year when the changes in the law came into effect.

A housewife who cannot properly take care of her child, two young males who are now quadriplegics, and also a young woman employed as a credit controller who might lose her eye due to facial injuries.

They said that due to the negligence of their injuries were caused by the drivers who, their families are suffering physically, financially and emotionally.

In their application to join the law society’s action, they raised the elements in which they considered the amendment act and new regulations would prove prejudicial to their personal circumstances.

Six of the applicants don’t have medical aid and must go to provincial hospitals. Before August 1 last year, they might have been able to receive private health care. They said their jobs as providers, caregivers and breadwinners were being influenced by their injuries and that under the amendment act, they would receive significantly less compensation from the RAF than folks who had received the same injuries before the amendment came into effect.

The amendment act also prevents them from pursuing a common-law claim against the insured and negligent driver who injured them. Before, claims that could not brought against the RAF could possibly be filed against the driver.

The new legislation says victims might not maintain for general damages if their injuries aren’t regarded as ”serious” under the new guidelines. The guidelines also don’t take into consideration future complications or impairment

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