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1 Dec 2022
PTA High Court Deputy Judge President: “No more trial dates for RAF matters.”

The Deputy Judge President of the Pretoria High Court issued a directive suspending the previously requisite judicial case management conference (‘JCMC’) process that a Road Accident Fund matter had to comply with before being eligible for an application to the Registrar for a trial date.

14 Dec 2022
First Application filed

The application primarily aims to have the civil trial date and default judgment application processes adopted by the Gauteng Division of the High Court, Pretoria, declared unconstitutional and invalid. These processes are regulated by a number of practice directives, the implementation of which has had the ultimate effect of infringing upon the applicants’ constitutionally enshrined rights to equality, human dignity, and access to courts. The applicants cited are but six of thousands of victims who have suffered injury or loss as a result of the negligent or otherwise wrongful driving of motor vehicles and are impeded from obtaining speedy, just, and equitable relief.

10 January 2023
Notice To Oppose
1 February 2023
Pretoria Attorneys Association

Memorandum to our members in re-allocation of trial dates in the High Court of South Africa, Gauteng Division, Pretoria

3 February 2023
Circular 1/2023 Default Judgements Applications in RAF Matters
9 February 2023
Awaiting Directions from the Chief Justice

Gert Nel Inc’s application to the Constitutional Court, filed on 14 December 2022, is one of direct access to the apex court in terms of section 167(6)(a) of the Constitution and is governed by rule 18 of the Rules of the Constitutional Court.
In terms of rule 18(3), respondents had until 25 January 2023 to notify the applicants as well as the Registrar of their intention to oppose the application. Only four of the ten respondents elected to do so.

24 February 2023
Urgent Letter to Chief Justice
28 February 2023
Pretoria – Obtaining court dates for trials involving Road Accident Fund (RAF) matters still remains an uphill battle.

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.

13 April 2023
Follow up email from Gert Nel & response
14 April 2023
Reply to response
26 April 2023
Court introduces a dedicated Road Accident Fund default judgement court

Notice from the office of the deputy judge president of the High Court

11/12 May 2023
Road Accident Fund directives continue to place obstacles in way of new claims

A full Bench (three judges) of the Gauteng High Court, Pretoria, this week heard arguments by several Road Accident Fund (RAF) claimants, asking that directives issued by the entity which places obstacles in the way of issuing new claims to be overturned.

20 June 2023
Chaos as hundreds of attorneys queue in Pretoria CBD to settle Road Accident Fund cases

Pretoria – Chaos erupted yesterday as hundreds of attorneys queued at Sammy Marks Square in the Pretoria CBD, to take up the offer from the Road Accident Fund (RAF) to negotiate block settlements for accident victims.
Several attorneys who did not want to be identified for fear of victimisation, told the Pretoria News that they had been queuing at the venue since noon on Sunday.

21 June 2023
Treated with disdain: Law Society stands with “committed” lawyers queuing to settle RAF cases

Pretoria – The Law Society of South Africa has expressed concern over the treatment of throngs of legal practitioners who queued at Sammy Marks Square in the Pretoria CBD in a bid to take up the offer from the Road Accident Fund (RAF) to negotiate block settlements for their clients who are accident victims.

21 June 2023
Order restored, but lawyers camp out overnight to settle Road Accident Fund claims

Pretoria – Hundreds of lawyers, desperate to have their clients’ claims settled directly with the Road Accident Fund (RAF), were again waiting for service yesterday after camping overnight outside Sammy Marks Square in the Pretoria CBD.

21 June 2023
Law Society Accuses RAF of Unfair Treatment As Lawyers Stand in Long Queues to Try to Settle Clients’ Cases

The Law Society of South Africa has expressed concern about the Road Accident Fund’s treatment of lawyers lining up outside its offices.

24 June 2023
Chaos as attorneys seek to have RAF cases settled in city

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”.

26 July 2023
Constitutional court concludes “no case has been made for direct access”
30 August 2023
Law Society of South Africa issues joint memorandum by The Legal Profession “Crisis at the Road Accident Fund”
28 March 2024
Gert Nel files another application