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ANC trying to rush through new road accident scheme that could reward drunk drivers

Business Tech: Staff Writer 25 February 2019   The controversial Road Accident Benefit Scheme Bill (RABS) has been reintroduced to Parliament – despite near-universal opposition to a clause in the bill that could reward drunk drivers who cause accidents on South Africa’s roads. The bill was previously introduced to the National Assembly in December 2018, but failed to pass after all opposition parties staged a walkout, leaving the ANC unable to push it through. While the portfolio committee on transport adopted the bill, and the NA majority agreed to debate it, after discussion in the house, the IFP, DA, EFF, UDM, COPE, ACDP and FF+ all rejected the bill, leaving the ANC as its only proponents. The main sticking point with the bill is that it provides for a system of ‘no-fault compensation’ for road accident victims – which could in theory allow for drunk drivers and other negligent drivers

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Road Accident Benefit Scheme Bill ‘revived’

Legislation: Road Accident Benefit Scheme Bill ‘revived’

20 February 2019 – BY PAM SAXBY OBO POLICYWATCH A ‘B’ version of the Road Accident Benefit Scheme Bill was reinstated on Tuesday and is now back on the National Assembly order paper for a second reading debate – probably next week, reports Pam Saxby for Legalbrief. It featured in a long list of items identified by ANC Chief Whip Jackson Mthembu for ‘revival’, not having been considered during the last sitting of the House for 2018. Because amendments to the Bill tabled by the DA’s Chris Hunsinger were ‘negatived’ at the sitting, opposition parties walked out – rendering the House inquorate and unable to vote on its second reading. The Bill lapsed as a result. The DA has since approached the courts to challenge a decision to exclude the ‘dissenting views’ of opposition parties from a National Assembly Transport Committee report on the Bill. Describing the ‘attitude’ of ANC members of the committee as ‘roughshod’, a media statement announcing the move last week

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The Democratic Alliance has approached the courts

DA approaches Courts to fight for Parliamentary Opposition Party Right

15 February 2019 – ISSUED BY MANNY DE FREITAS – DA SHADOW MINISTER OF TRANSPORT The Democratic Alliance has approached the courts Yesterday to fight the ANC’s roughshod attitude towards opposition parties.  During the preparation of the Transport Portfolio Committee report on the Road Accident Benefit Scheme (RABS) Bill, opposition parties requested that their dissenting views on this bill be recorded.   The DA tabled a minority report at 8 November 2018 Portfolio Committee Meeting. According to the rules of Parliament, (National Assembly rule 166 and 288) opposition parties may table minority reports in such instances. Despite these unambiguous rules which permits minority views to be tabled officially, the ANC refused a minority report.  Instead, it chose to include their own interpretation of a minority report. The DA has therefore approached the court to fight for the right of all opposition parties. In its minority report, the DA objected to the

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RAF amendment bill could boost loss of support claim expenditure by 70%

28 January 2019 – BY JACQUES COETZEE The Road Accident Fund (RAF) is already in a shambles. But the proposed alternative, the Road Accident Benefit Scheme (Rabs) could make it worse, especially because it would also allow drivers at fault in an accident to lodge claims. This will have serious consequences. The Road Accident Fund’s net deficit could expand from the R206.3-billion recorded in the 2017-2018 financial year to at least R225-billion should the planned changes go ahead. If drivers at fault are to be included in claims, the implementation of Rabs is estimated to cause the expenditure of loss of support claims to jump from R3-billion to R21.6-billion, according to Professor Hennie Klopper from the University of South Africa, who heads of non-profit group Protection of Road Accident Victims (Aprav). He says that this alone equates to an increase of at least R1 a litre on the fuel levy.

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Rewarding drunk drivers is absurd

19 January 2019 – BY THE CITIZEN Common sense tells you, instinctively, that someone who causes a negative outcome because of his or her reckless action should be held accountable. This country can surprise even the most cynical with the level of absurdity it can produce … and the Road Accident Benefits Scheme Bill is another good example of that. The proposed legislation, which is before parliament and which will replace the current Road Accident Fund (RAF), introduces a radical “no fault” system for compensating road crash victims. This overturns the current process, which pays out those who have been seriously injured in accidents they were not fully responsible for causing. In future, drunken and reckless drivers who are responsible for crashes in which there are serious injuries and in which they are also hurt, will be entitled to compensation. As a consequence, says lawyer Kirstie Haslam, there will be

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RABS Decision Postponed

Decision on replacing Road Accident Fund postponed to 2019

05 December 2018 – BY DAN MEYER The decision on whether the Road Accident Benefit Scheme (RABS) will replace the Road Accident Fund (RAF) in 2019 has been pushed to next year, after the National Assembly put the bill to a vote on Tuesday. The initial vote on whether a report on the proposal should be debated was successful, where it scored 174 yes votes and 84 no’s, with seven abstentions. DA chief whip John Steenhuisen said that by excluding the “minority report” delivered by his party in May, which strongly criticised the bill, the house had acted unconstitutionally, and said that the house was ill-advised by the portfolio committee. But in a stunning turnaround, the IFP, DA, EFF, UDM, COPE, ACDP and FF+ all rejected the bill after it was debated in the house, with the ANC its only proponents. Steenhuisen said that “irreparable harm” had been done by

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New crash fund

Road Accident Benefit Scheme doomed to fail

PRETORIA NEWS / 4 DECEMBER 2018, 2:30PM / GERT NEL Over the past few weeks, the portfolio committee on transport held public consultations to gather comments on the proposed new Road Accident Benefit Scheme (Rabs) Bill. A common theme echoed in all the presentations, being that the bill, in its current form, will fail constitutional muster and that taxpayers will simply not be able to afford a dual system, essentially adding the financial demands of the new proposed Rabs on top of the already struggling Road Accident Fund (RAF). Regardless of the comments, the portfolio committee passed a motion allowing the bill to proceed to the next phase towards enactment. The recent public consultations were a dismal failure and cannot in any reasonable terms be described as proper public consultations. Most of the attendees were opposed to the bill. Those opposed to the bill were cut short in their presentations, and in some instances,

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Opposition Parties Sink Passing of New Law to Replace Road Accident Fund

Opposition Parties Sink Passing of New Law to Replace Road Accident Fund

Lindsay Dentlinger Opposition parties are vehemently opposed to the no-fault system on which the new bill is premised, which will allow drunk and negligent drivers to claim for their injuries. CAPE TOWN – The passing of a new law to replace the Road Accident Fund was scuppered in the National Assembly on Tuesday night after opposition parties cleared the House just before the vote, collapsing the quorum to get it through. It followed fierce objections from the opposition benches, who argued that the bill would lead to a hike in the fuel levy, cost the state billions it has not properly calculated or budgeted for, and prejudice young and elderly accident victims. But Transport Minister Blade Nzimande says the Road Accident Benefit Scheme will provide an alternative to the fund which is being fleeced at their expense. Opposition parties are vehemently opposed to the no-fault system on which the new bill is

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Bid to put the brakes on ‘immoral’ new road accident bill

04 December 2018 – 08:36BY DAN MEYER The Road Accident Benefit Scheme Bill will be tabled before the National Assembly on Tuesday, with advocacy groups and opposition parties rallying at the eleventh hour to park it for further consultation. Critics of the bill claim that it is being used as a vehicle for the ANC to obtain voter support ahead of the 2019 elections. The Road Accident Benefit Scheme (RABS), set to replace the existing Road Accident Fund (RAF) structure, has been strongly criticised by the Association for the Protection of Road Accident Victims (APRAV) and opposition parties for its seemingly unconstitutional exclusion of the claims made by minors and the elderly, as well as its denial of access to common law. The new scheme will offer no cover for victims who earn more than the national average income of R219,820 per year. “There is a myriad of unconstitutional issues,”

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