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New crash fund

New crash fund – a ‘drunk-driving’ bill that runs over rights?

Johannesburg – The Road Accident Fund is dead. Long live the Road Accident Benefit Scheme. If the ANC and Transport Department have their way – which is likely – the RABS bill will be replacing the RAF by the 2019 general elections, if not sooner. On Tuesday, there’s likely to be heated debate in Parliament, because the major opposition parties – including the DA, IFP, ACDP and EFF – are united against the RABS, but the ANC appears hell-bent on pushing it through. It’s not good news for motorists, or crash victims. In May, Professor Hennie Klopper, who leads the Association of the Protection of Road Accident Victims, told the parliamentary committee on transport that South Africa’s road death statistics make us seem like a war zone. He said that in March 1241 people died in the Syrian war. In South Africa, 1200 died on the roads. “We have too

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RABS

Committee on transport adopts report that paves way for replacement Of Road Accident Fund (RAF)

Content provided by Africanews  The Portfolio Committee on Transport has today adopted the final report on the benefit scheme, paving the way for an introduction of the Road Accident Benefit Scheme (RABS). The Chairperson of the Committee, Ms Dikeledi Magadzi, said the committee was satisfied with the amount of hard work that members of the committee had put into the pending benefit scheme. “We are satisfied that the new scheme is desirable to all South Africans. Through this bill, road accident victims will be able to receive more benefits than previously was the case in the old regime of the Road Accident Fund (RAF)” said Ms Magdzi. Furthermore, Ms Magadzi said: “The committee legislate in order to benefit poor South Africans, and the quality of input that the committee received from South Africans will ensure that this law achieves that.” Since May of 2018 the committee had been seized with the

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How will the new road fund affect you?

Road Accident Bill green-lighted despite objections

Gert Nel Incorporated RABS Claim Assist ATTENTION: THE RABS BILL IS CURRENTLY BEING DEBATED IN PARLIAMENT AND IS NOT LAW YET. RABS WILL HAVE NO BEARING ON HISTORICAL RAF MATTERS AND WILL NOT BE APPLIED RETROSPECTIVELY. SHOULD THE BILL BE PASSED AS LAW GERT NEL INCORPORATED WILL BE THERE TO ASSIST YOU. Read on for more information as the process unfolds : INDUSTRY NEWS / 3 SEPTEMBER 2018, 07:47AM / GEORGINA CROUTH Johannesburg – After weeks of uncertainty about the Road Accident Benefit Scheme Bill, which the Department of Transport has proposed to replace the current fault-based Road Accident Fund, Treasury has announced it will finance the scheme after all. The Treasury says it’s “satisfied” that all of its concerns about the scheme have been “adequately” addressed. Now the questions remain: if the Road Accident Fund bombed so dismally, what hope is there for the RABS to succeed? How will

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How will the new road fund affect you?

How will the new road fund affect you?

Cape Argus 3 Sep 2018 WITH GEORGINA CROUTH WRITE TO GEORGINA AT CONSUMER@INL.CO.ZA TWITTER @ASKGEORGIE Despite initial objections to the new RABS, National Treasury has thrown its weight behind the proposed scheme – saying it will find the money, which is likely to mean a hike in the fuel levy and a heavy reliance on public healthcare. Picture: Jeffrey AbrahamsNEW SCHEME: The Transport Department has proposed replacing the Road Accident Fund with the RABS. AFTER weeks of uncertainty about the Road Accident Benefit Scheme (RABS) Bill, which the Department of Transport has proposed to replace the current fault-based Road Accident Fund, Treasury has announced it would finance the scheme after all. The Treasury says it’s “satisfied” that all of its concerns about the scheme have been “adequately” addressed. Now the questions remain: if the Road Accident Fund bombed so dismally, what hope is there for the RABS to succeed? How

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Finance Minister

Nene to clarify cost of RAF Bill

PRETORIA NEWS / 20 AUGUST 2018, 07:06AM / ZELDA VENTER THE portfolio committee on transport and the Department of Transport have agreed to meet Finance Minister Nhlanhla Nene tomorrow to discuss the enormous cost implications to the proposed Road Accident Benefit Scheme Bill. Both parties are pushing for the proposed bill to be finalised by the end of October. Over the past few weeks the committee held public consultations in the nine provinces to gather comments on the proposed new bill. This followed weeks of submissions that were made to the department in Parliament by various stakeholders, including the law societies. Pretoria-based Road Accident Fund (RAF) expert and lawyer Gert Nel said a common theme echoed in all the presentations was that the bill in its present form would fail constitutional muster. “The South African taxpayer will simply not be able to afford a dual system, essentially adding the financial

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RAF Direct Claim

Road Accident Fund ‘direct claims’ versus public interest

August 1st, 2018 – De Rebus in 2018 (Aug) DR 26. By Gert Nel The Road Accident Fund (RAF) proudly runs a campaign called ‘RAF on the Road’, which forms part of the RAF’s marketing campaign and is aimed at encouraging the public to claim directly from the RAF. The programme has won a number of accolades, including the Department of Public Service and Administration’s Batho Pele Excellence Award. In a media statement issued by the RAF on 22 April 2015, the RAF stated: ‘The RAF has never precluded claimants or motor vehicle accident victims from approaching the courts or seeking legal representation as is their constitutional right to do so. However, we encourage claimants to come directly to the RAF through our regional or hospital-based offices as it is the most quickest and cost effective way to register and settle claims.’ Basis for the RAF ‘direct claim’ strategy A ‘direct claim’ refers to a

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Road Accident Benefit Scheme a setback for crash victims?

Johannesburg – Picture the scenario: a drunk, unemployed driver skips a traffic light, smashes into a car, kills the breadwinner and severely injures the family. Under the current Road Accident Fund, only the crash victims are able to lodge a claim against the scheme. They are likely to receive lump sum compensation, factoring in career path and inflation, will be paid out for lost earnings, medical costs, funeral expenses, general damages and more.Under the proposed, no-fault Road Accident Benefit Scheme, it doesn’t matter who caused the crash because anybody can claim, say critics. So, the victims might receive little or no payout, while the drunk driver immediately qualifies for medical treatment, rehabilitation and an income based on the average annual national income. The breadwinner, who might earn above the statutory cap of about R248 000 a year and has medical aid cover for the family, will receive no benefits, despite

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RABS Bill certainly no better than RAF

RABS Bill certainly no better than RAF

Pretoria News · 18 Jun 2018 · Gert Nel THE Parliamentary Committee on Transport (PCOT) recently passed a motion in support of the Road Accident Benefit Scheme (RABS) Bill after three weeks of public submissions by various stakeholders. The object of the RABS Bill is to provide an effective benefit scheme in respect of bodily injury or death caused by or arising from road accidents, which benefit scheme is reasonable, equitable, affordable and sustainable, exclude from civil liability certain persons responsible for bodily injuries or death caused by or arising from road accidents (common law right abandoned) and the establishment of the Administrator. The DoT responded that none of the comments made by various presenters, which included, among others, the Western Cape Department of Traffic and Public Works, APRAV (Association for the Protection of Road Accident Victims) the Medico Legal Society of South Africa, LSNP, LSSA and the Actuarial Society

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Oral Submissions Team

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: 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

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