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Draft bill proposes restructure of RAF

Written by Zelda Venter | Published on 13 Set 2023 WHILE the Road Accident Fund (RAF) has been criticised and come under immense pressure over the years for failing to execute its mandate, an amended bill proposing changes is in the pipeline. The Department of Transport gazetted the draft RAF Amendment Bill, 2023, last month. It proposed changes to how the RAF will operate in South Africa in future. The Department of Transport has called for public comment on the bill by October 8. The proposed amendments include a complete restructuring of the RAF, moving away from a “compensation” to a “social benefits” structure. Gert Nel, the head of a law firm that specialises in RAF matters, said the proposed amendments were a watered-down version of the erst-while Road Accident Benefit Scheme. One of the proposals is to replace compensation with structured benefits. “This would mean that victims will not

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Chaos as attorneys seek to have RAF cases settled in city

Written by Zelda Venter | Published in Weekend Pretoria News on 24 June 2023 WHILE the legal fraternity describe the claims process as chaos, the Road Accident Fund (RAF) says order had been restored. The lawyers camped outside Sammy Marks Square for two days this week to try to get a spot to settle RAF claims on behalf of their clients. Attorneys are so upset about the fact there was no structure to the process of block settlements to which they were invited by the RAF, that the Pretoria Attorneys’ Association asked the Legal Practice Council to intervene in the “unfortunate situation”. In a letter sent to the Legal Practice Council, the association said it had taken note, “with utter dismay, of the indignation that members of the legal profession have had to suffer at the hands of the staff of the RAF this past week”. Attorneys camped out in

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RAF beneficiaries in long wait for justice

Written by Zelda Venter | 12 May 2023 SIX months after a Pretoria law firm launched a Constitutional Court challenge on behalf of six road accident victims in an effort to secure trial dates for their matters, they are still waiting to hear whether their case will be entertained or not. Gert Nel, of the law firm, Gert Nel Incorporated, said in filing the application on an urgent basis, the applicants were yet to hear from Chief Justice Raymond Zondo on the matter. Nel said in many cases claimants had been waiting years and in some cases, claimants had died before their claims could be finalised. He referred to an article in a business publication earlier this month in which Pick n Pay chairperson Gareth Ackerman said that the government was raking in millions of rand as a “windfall tax” because of load shedding. Ackerman noted that 37% of the

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RAF appeals ruling that its non-payment of medical aid-covered claims is unlawful

Written by Roy Cokayne | Published 13 Mar 2023 The financially distressed Road Accident Fund (RAF) is appealing a judgment that declared unlawful its directive that no payments be made to claimants if their medical aid scheme has already paid for their medical expenses arising from a road accident. Discovery Health CEO Dr Ryan Noach told Moneyweb the RAF applied to the Supreme Court of Appeal (SCA) on 20 February for leave to appeal the judgment. Discovery has filed its answering affidavit and expects a ruling from the SCA within four to six weeks,” he said. In addition, on 3 March Discovery Health applied to the Pretoria High Court in terms of Section 18(3) of the RAF Act to compel the enforcement of the unlawfulness of the RAF’s directive, Noach added. Responding to a request for comment, RAF senior manager media & PR Linda Rulashe said: “The RAF has no comment on this

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RAF mum on whether it’s halted contentious tariffs for accident claimants

Written by Bongani Hans | Published Mar 12 2023 THE Road Accident Fund (RAF) has been accused of trying to defy a court order that interdicted it and the department of transport from implementing medical tariffs that might leave road accident victims under-compensated for injuries. Pretoria High Court Judge Ronel Tolmay late last year interdicted the RAF from implementing the tariffs that were promulgated on August 19 by then minister of transport Fikile Mbalula. The matter against RAF and Mbalula had been brought to court by the National Council of and for Persons with Disabilities (NCPD) and the Law Society of South Africa (LSSA), who opposed the new tariffs. The new RAF policy, which is meant to prescribe a set of standardised medical tariffs that victims of car accidents submit to the fund, is allegedly prejudicial to the victims whose injuries left most of them disabled or without breadwinners. It is

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Road Accident Fund backlog matter still unresolved

Written by Zelda Venter | Published Feb 28, 2023 Pretoria – Obtaining court dates for trials involving Road Accident Fund (RAF) matters still remains an uphill battle. In this regard, Pretoria law firm Gert Nel Incorporated is still awaiting word from the Constitutional Court (Concourt) on whether it will entertain this constitutional challenge. It filed an application with the Concourt in December, in a bid to access the highest court in the country directly. The legal challenge involved the legality of court directives legal practitioners have to navigate to attain court dates for their clients in claims against the RAF. According to the head of the law firm, Gert Nel, the hurdles caused delays and in some cases, claimants had to wait years before their cases were dealt with by the court. He said in some cases lodged with the Gauteng High Court, Pretoria, the backlog was so big that

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Gert Nel

Law firm asks Constitutional Court to intervene in Road Accident Fund claims

By Zelda Venter Pretoria – Practice directives which place hurdles in the way of the public claiming against the Road Accident Fund (RAF) are such a serious concern that one of the biggest law firms in the country is now asking the Constitutional Court to step in. The hurdles caused delays, and in some cases, claimants had to wait years before their cases were dealt with by the court. In some cases lodged with the Gauteng High Court, Pretoria, the backlog is so big that new matters can only receive a trial date in 2026. Meanwhile, destitute members of the public who have lodged claims are forced to sit back and wait for their cases to be addressed. lf left unchecked, the high court will reach the point of total collapse. The practice directives constitute a systematic violation of claimants’ Constitutional rights to have their matters disposed of by the court,

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How not to end up on ‘I Blew It'

How not to end up on ‘I Blew It’

Boitumelo Ntsoko hosts The popular show ‘I Blew It’ on DStv.  This podcast follows the lives of people who have received large amounts of money, either through their inheritance, the lottery or the Road Accident Fund. Often they end up spending it all and ending up in a far worse position than before they got their windfall. Sadly, this is a reality that we have seen play out in our own communities, where young people misuse a large sum of money they come across. Certified financial planner at NFP Private Wealth Management Thulisile Nkomo shares some tips on how to maximise your financial windfall smartly. Read the full transcript or listen to the podcast on Moneyweb’s site.    

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Major Costs You Can Recover After A Car Accident

EconoTimes: Tuesday, July 13, 2021 12:16 AM UTC Suppose you were recently involved in a car accident. In that case, you might be unsure of the costs you can recover and where to recover these costs from. Even if the accident was not severe and your injuries are not life-threatening, you are still entitled to compensation. In cases where a car insurance policy covers you, you will be able to claim damages from your insurer. However, if you don’t have insurance, things can get a bit tricky, mainly if the responsible driver had fled the accident scene and the authorities are unable to locate them. In other cases, the responsible driver may not have insurance. Fortunately, most regions have some kind of road accident fund that will allow you to recover your damages. However, it is always best to rely on a car accident law firm to manage the claim process. With

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