RAF appeal dismissed

APLICATION: NONE OF THE REQUIREMENTS HAVE BEEN SATISFIED, SAYS COURT

- Roy Cokayne

Judge finds it invalid to exclude illegal foreigners from submitting claims.

The High Court in Pretoria has dismissed with costs an application by the Road Accident Fund (RAF) for leave to appeal a judgment that declared invalid a department of transport regulation and RAF management directive that excluded illegal foreigners from submitting claims against the RAF.

Judge Norman Davis, in a judgment handed down on Tuesday, with acting judges BF Mnyovu and A Kok concurring, found that none of the requirements for the granting of leave to appeal have been satisfied.

"Having reached this conclusion, we also find no reason why costs should not follow this event," he said.

Comment was requested from the RAF but a response has not yet been received.

The judgment follows the minister of transport and the RAF in June and July 2022 seeking to put measures in place whereby illegal foreigners would be excluded from the operation of the Road Accident Fund Act through the promulgation of a "new RAF 1 claim form".

A full court of the High Court in Pretoria on 26 March, 2024 reviewed and set aside these measures. This led to the RAF lodging an application for leave to appeal this judgment and order to the Supreme Court of Appeal (SCA).

'Any person' means any person

Davis said that in attempting to illustrate the RAF's prospects of success on appeal, Advocate Kennedy Tsatsawane SC argued the main issue was whether the use of the words "any person" in the RAF Act includes persons who are present in South Africa contrary to the provisions of the Immigration Act at the time of the motor vehicle accident in respect of which they claim damages.