The Supreme Court of Appeal (SCA) in South Africa has delivered a significant ruling confirming that the Road Accident Fund (RAF) must compensate all road accident victims, including undocumented foreign nationals, reinforcing the principle that compensation is not limited by immigration status.
The judgment settles a long-running legal dispute over whether people in South Africa without valid documentation can claim compensation from the RAF after being injured or killed in motor vehicle accidents. The court ruled that the RAF Act uses the term “any person,” and this wording must be interpreted broadly to include everyone within the country’s borders, regardless of citizenship or legal status.
At the centre of the case was a RAF policy directive that attempted to require foreign claimants to prove they were legally in South Africa at the time of an accident. The fund argued this was necessary to prevent fraud and ensure compliance with immigration laws. However, the courts found that the RAF and the Minister of Transport had gone beyond their legal powers by trying to narrow the scope of the Act through administrative policy rather than legislation.
Judges rejected this approach, stating that nothing in the RAF Act excludes foreign nationals, documented or undocumented, from compensation. The SCA emphasised that only Parliament has the authority to change the law, not government departments through internal directives.
In its ruling, the court also highlighted the inclusive nature of road accident compensation, noting that road accidents do not discriminate based on nationality, race, age, or legal status. The purpose of the RAF Act, the court found, is to provide financial support to all victims of road accidents who suffer loss or injury on South African roads.
The decision effectively confirms that undocumented foreign nationals are legally entitled to pursue claims for damages from the RAF, provided they meet the usual requirements for proving injury and loss. It also means that previous attempts by the RAF to reject claims based solely on immigration status are unlawful.
The ruling has wide implications for South Africa’s compensation system. It strengthens access to justice for vulnerable road accident victims but also increases pressure on the RAF, which has argued that expanding eligibility could significantly increase its financial burden and claims backlog.
Ultimately, the SCA decision reinforces a key legal principle: the right to compensation under the RAF Act is tied to being a road accident victim in South Africa, not to immigration status.
