By Lara Keil (Candidate Legal Practitioner) under the guidance of Tzvi Brivik (Director)
RAF’s lodgement requirements – The publishing of Board Notice 58 of 2021, namely “Road Accident Fund: Stipulation of Terms and Conditions upon which claims for the compensation shall be administered” in the Government Gazette on 4 June 2021 (hereafter “2021 Notice”) as well as the Management Directive titled “1/2021 – Compulsory information to be submitted when lodging a claim for compensation with the RAF” (hereafter “Management Directive”) resulted in outrage from both claimants and legal practitioners.
This was due to the effect of the 2021 Notice and Management Directive, particularly the onerous and unnecessary burden placed on claimants and practitioners by the stringent peremptory requirements for the lodgement of any claim with the Road Accident Fund.
Claimants already face the possibility of prescription should they not lodge their claim within the required time period and the implementation and enforcement of these peremptory requirements only further prejudice claimants in their quest to lodge.
This prejudice was noted and acknowledged by the Gauteng High Court which on 15 June 2021 issued an interim order reviewing and setting aside the Management Directive and the 2021 notice.
Despite the above mentioned order being granted, Board Notice 271 of 2022 (hereafter “2022 Notice”) was published in the GG on 6 May 2022, with its provisions nearly mirroring that of the 2021 notice. The effect of this is that the Road Accident Fund continues operating and enforcing the provisions of the 2021 notice, under the guise of the 2022 notice.
At Malcolm Lyons and Brivik Attorneys, Inc. we specialise in Road Accident Claims and assist by assessing your case using the RAF’s lodgement requirements and taking the appropriate legal measures to ensure you receive the best compensation you deserve. We work on a no-win-no-fee basis wherever possible.
Lara Keil (Author) under the guidance of Tzvi Brivik (Director)
Candidate Attorney at Malcolm Lyons & Brivik Inc.
LLM Candidate: Labour Law (UWC)
Malcolm Lyons and Brivik Attorneys are leading experts in the field of labour law, medical negligence and accident law in South Africa. To discuss whether you have a case, contact our offices below:
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