Gert Nel’s Oral Submissions Regarding Proposed New RABS Bill

Gert Nel recently made oral submissions regarding the proposed new RABS bill, on behalf of the LSNP on invitation of the PCOT (Parliamentary Committee on Transport).

Mr. Nel explained to the honorable members that the proposed Scheme represents a very sensitive balancing act between affordability, the rights of the poor and the creation of a “good law”.

Mr. Nel requested Advocate Carel van Jaarsveld (an expert on Constitutional issues); Kobus Pretorius (Actuary); Mrs. Elzeth Jacobz (Occupational Therapist) and Mr. Abel Lebereko to accompany him to Parliament.

Mr. Nel laid the basis of the LSNP’s Comments that were submitted in November 2017 and requested his panel of experts and Mr. Libereko to address the following contentious issues in the Bill:

1. Adv Carel van JaarsveldConstitutional challenges will include but not be limited to the abolition of a victim’s common law right to sue the wrongdoer and the abolition of general damages;Thorough discussion on the victim’s limited rights of recourse under the RABS Administrator and comparative analysis of recommendations made by the Satchwell Commission and the RABS Bill.
2. Kobus PretoriusA comparative study between the damages claimable under the current RAF dispensation and the proposed RABS Bill.The importance of securing a medical tariff: to gain certainty on the quality of service on offer by the RABS Administrator and to be able to qualify the affordability of the proposed Scheme.
3. Elzeth JacobzHaving regard to one of the primary objectives of the RABS Administrator which is to provide rehabilitation to qualifying victims;The lack of infrastructure and the practical application of the Bill was demonstrated by way of a relevant case study.
4. Mr. Abel Lebereko –  Featured in the Newspaper Article in the Pta News in 2017A victim of the RAF’s direct claim approach (used as comparison with the RABS Bill which excludes and/or limit the victim from engaging a legal representative;Mr. Lebereko’s experience was explained to the honorable members who apologized to Mr. Lebereko and confirmed that he matter will be addressed by the Department of Transport.

The response by the Portfolio members were very positive and requested all the participants who submitted oral comment to place their views in writing and also consider possible solutions.

It was clear that the Department of Transport still has a lot to do and there were calls from some of the Portfolio members to engage with the Department and work together in creating a Bill for the people.

Related Reading

• Submissions of the Law Society of the Northern Provinces [PDF]
• Summary and annexures: submissions of the Law Society of the Northern Provinces [PDF]