Law society welcomes RAF ruling

2010-11-26 21:15

  • Accidents
    A resource for all Health and Safety professionals, particularly those who have responsibility for... Now R521.00
    buy now

Pretoria - The Law Society of South Africa (LSSA) on Friday welcomed the Constitutional Court's ruling that a regulation limiting health care costs in the amended Road Accident Fund Act was unconstitutional.

In a statement released on Friday the LSSA's co-chairperson Peter Horn said however that the LSSA was disappointed that "the abolition of the common-law right to sue the negligent driver or owner for damages (was) not covered in terms of the Amendment Act."

In a judgment handed down on Thursday the Constitutional Court ruled that limiting the amount of compensation that the Road Accident Fund (RAF) has to pay for claims of loss of support was constitutional.

Deputy Chief Justice Dikgang Moseneke also found that a provision of the RAF Act abolishing road accident victims' common law right to claim compensation for losses not compensable under the act, was constitutional.

The LSSA, Quad Para Association, the SA Association of Personal Injury Lawyers, the Johannesburg Attorney's Association, and people injured in road accidents, had applied to the Constitutional Court to appeal a judgment handed down in the High Court in Johannesburg - which had dismissed their constitutional challenge to amendments to the RAF Act.

Moseneke declared unconstitutional a regulation relating to the tariff of health care services prescribed by the amended act.

Inconsistent and invalid

The LSSA had argued this limited the right of access to health care services guaranteed by the Constitution.

Moseneke found the regulation "inconsistent with the Constitution and invalid".

"Until the Minister for Transport prescribes a new tariff for health services... a third party who has sustained bodily injury and whom the Road Accident Fund is obliged to compensate... is entitled to compensation or health services as if he or she had been injured before the Road Accident Fund Amendment Act 19 of 2005 came into operation," he said in his judgment.

The respondents were the minister of transport and the Road Accident Fund.

In its statement, the LSSA said it was disappointed at "the limitation of the amount of compensation that the RAF is obliged to pay for claims for loss of income or a dependant's loss of support arising from the injury or death of a road accident victim".

But said Horn: "The fact that full compensation for medical and hospital costs has been restored to accident victims is a victory for accident victims, particularly for impoverished victims and those without medical aid."


Read more on:    lssa  |  accidents

Read News24’s Comments Policy publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Add your comment
Comment 0 characters remaining

Inside News24


Zuma: Pray for peaceful polls

President Jacob Zuma has asked members of the Universal Church of the Kingdom of God to pray for peaceful elections on 7 May.


Latest elections multimedia

Why Jack Parow wants you to vote on 7 May
The ad the SABC doesn't want to air
Elections 2014 in one cartoon
This year's election posters
  • Friday Grabouw - 11:32 AM
    Road name: N2 Eastbound
    DELAYS between Sir Lowrys Pass and Grabouw
  • Friday Cape Town - 10:14 AM
    Road name: M3 Inbound
    EVENT - left lane closed between Rhodes Avenue and UCT
More traffic reports...

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Escape winter, head to Mauritius

Escape winter by spending 7 nights in Mauritius' tropical bliss from R13 215 per person sharing. Includes return flights, airport transfers and accommodation. Book now! - shop online today

Get many eggs in one basket!

Gaming bundles: 2 Super Hits games for R99, 3 Disney games for R99 and more + exclusive accessory bundles only available on While stocks last. Shop now!

25% off bestselling books!

The Real Meal Revolution by Tim Noakes, Jeffrey Archer’s Be Careful What You Wish for, Man’s Search for Meaning by Victor E. Frank and many more titles. Shop now!

Up to 25% off electronics

Buy top electronics and save up to 25%. Such as’s 1# selling product the gobii eReader, Patriot X Porter flash drive, Asus Nexus 7” 3G tablet, Samsung Galaxy SIII, Lenovo G580 Notebook and many more. Shop now!

DStv HD PVR Decoder now R949

The DStv HD PVR Decoder has further revolutionised the television experience with lifelike viewing, sharper images, more vibrant colours and precision picture quality. Now R949, save R550. Offer valid while stocks last. Shop now!

Up to 30% off appliances & homeware

Save up to 30% on appliances and homeware this Easter! Offer valid while stocks last. Shop now.

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

BlackBerry Torch 9810

The BlackBerry Torch 9810 gives you the powerful combination of...

From R2820.00

I'm shopping for:


Self-indulgence may be strong today. You may want to enjoy yourself to the fullest and share it with those that make you more

There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.