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Open letter to the South African public

Gert Nel Incorporated, and particularly our managing partner Mr Gert Nel, in his personal capacity, has fallen victim to a smear campaign orchestrated by the Road Accident Fund led by their CEO Collins Letsoalo. The attack is rooted in the fact that the executive and Board of the RAF had been called on their unlawful reform and mismanagement of the RAF. See in this regard various publications in which our Mr. Nel has highlighted the utter disregard of the rule of law and the Court, resulting in serious prejudice to all road crash victims. Despite calling a media briefing to address the issues raised, Mr. Letsoalo, seemingly unable to prove the contrary, opted to orchestrate a false and defamatory innuendo of corruption as aired and published on various media platforms. RAF spokesperson Mr. Macintosh Pholela also joined in spreading more falsities and unsubstantiated rhetoric to silence the voice of truth.

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Die nasionale krisis vereis dringende optrede

Written by prof. Hennie Klopper | published on 26 November, 2024 | Maroela Media Elke keer wanneer jy jou motor volmaak, is ʼn deel van jou betaling ʼn reddingsboei vir padbotsingslagoffers – of ten minste, dit behoort so te wees. Suid-Afrikaners dra ongeveer 40% van die totale huidige brandstofheffing by tot die Padongeluksfonds (POF) – ʼn fonds wat bedoel is om mediese en finansiële vergoeding aan slagoffers van padverkeerbotsings te verskaf. Ten spyte van hierdie aansienlike openbare bydrae, is die POF in ʼn finansiële en operasionele krisis vasgevang, wat slagoffers tot agt jaar laat wag vir vergoeding. Die werklikheid van hierdie vertragings is nie net ʼn burokratiese ongerief nie – dit is ʼn direkte aanslag op kwesbare mense. Slagoffers ly as gevolg van onbehandelde beserings, verergerende mediese toestande en toenemende finansiële laste. Intussen vervaag die publiek se vertroue in die POF omdat POF-leierskap hul verantwoordelikheid ontwyk en geen tasbare oplossings

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South Africa R500 billion disaster

Written by Kirsten Minnaar | 25 November, 2024 | Daily Investor The state of the road accident fund (RAF) in South Africa is rapidly declining, with growing backlogs and over R500 billion in unpaid claims. Many victims find themselves losing their income, home, and even their lives. Gert Nel, CEO of Gert Nel Incorporated Attorneys, explained this, saying that South Africa’s road accident victims face unprecedented delays in compensation as the RAF struggles with severe operational and financial crises. According to the firm, reform is urgently needed to support these vulnerable individuals. In particular, claims processes need to be more efficient to alleviate victims’ burdens. In an open letter earlier this year, Chris Hunsinger, the Democratic Alliance’s spokesperson for transport, alleged that the RAF had suspended claim payments for nearly four months. This suspension has led to a 71.5% decline in finalised claims in 2024 compared to the previous two years. Two weeks

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RAF needs a Settlement Hub for crash victims – expert

Written by Ina Opperman | Published on 11 November 2024 There is an urgent need for reform to support crash victims, and an efficient claims process can alleviate the burdens they face. The RAF needs a Settlement Hub where claims for car crash victims can be settled before they go to court to avoid the RAF’s systemic failures from harming them and causing neglect, an expert says. South Africa’s road accident victims face unprecedented delays in compensation as the Road Accident Fund (RAF) struggles with severe operational and financial crises, Gert Nel, CEO of Gert Nel Inc., says. Nel says it is important to settle claims outside of court wherever possible. “Settlements, including compensation for medical costs, lost income, and general damages, provide a faster and less costly resolution for victims. “However, the RAF frequently bypasses these opportunities, particularly in cases already on the court rolls. We recommend that the

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RAF Crisis Leaves Victims in Limbo Amid Mounting Backlogs

Written by Neelahm Rahim | Published on 11 November 2024 A significant backlog in the Road Accident Fund (RAF) leaves thousands of South Africans waiting years for critical compensation. Victims, already grappling with injury and financial hardship, face unprecedented delays due to the RAF’s economic struggles and operational issues. In an interview with Radio Islam International, Gert Nel, CEO of the law firm Gert Nel Inc., highlighted the dire situation. “The RAF cannot ascertain its exact financial liability due to an ongoing dispute with the Auditor General over accounting practices. This financial ambiguity compounds delays in compensating claimants,” Nel said. He noted that victims, many of whom rely on timely payments for medical expenses and basic support, are forced to wait far beyond the court-mandated 180 days. The crisis has exacerbated an already strained court system as RAF cases pile up without legal representation on the Fund’s side. “RAF’s decision not to

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Reimagining Justice: Bold Solutions for the Road Accident Fund (RAF)

In the legal landscape, the saying “justice delayed is justice denied” echoes especially loud when it comes to the Road Accident Fund (RAF). Established to compensate road accident victims, the RAF is a vital part of South Africa’s social safety net. Yet, due to systemic inefficiencies and leadership missteps, victims, legal professionals, and the RAF itself are grappling with immense delays and rising frustrations. To address these challenges, we must take a bold stance and examine the underlying issues that have crippled the RAF, while also exploring meaningful solutions to restore its mandate. Auxcon recently had the opportunity to speak with specialist personal injury practitioner Gert Nel from Gert Nel Incorporated Attorneys, one of the few well-managed law firms navigating the complex and frustrating world of RAF claims. Nel provides critical insights into the RAF’s current situation, offering a perspective that only a legal professional deeply entrenched in the system

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Without a lawyer, your RAF claim may be under-settled: Join Gert Nel & Ngoako Mohlaloga on the King David Studio podcast

Gert Nel recently joined Ngoako Mohlaloga, Deputy Chairman of the Association for the Protection of Road Accident Victims (APRAV), as guests on the King David Studio podcast hosted by David Mashabela. They discuss and clarify some important points and considerations around the RAF Fund, the claims process, and what victims can expect when they make an RAF claim. Watch the episode here so that you can be informed should you or a loved one face the unthinkable on our country’s roads.

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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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