Court action launched over RAF failure to pay 430+ finalised claims
de Broglio Attorneys has launched a court application against the Road Accident Fund (RAF), following continued non-payment in more than 430 matters where settlement agreements have been concluded or court orders granted.
The application comes amid heightened national scrutiny of the RAF’s governance and accountability, following Parliament’s Standing Committee on Public Accounts (Scopa) decision to lay criminal charges against former RAF CEO Collins Letsoalo for failing to comply with a parliamentary summons. Against this backdrop, concerns around oversight, financial management and consequences for non-compliance within the RAF have intensified.
Despite claims being finalised, many clients remain unpaid well beyond the RAF’s stated 180-day payment period. In some instances, claimants have waited more than two years for compensation that has already been agreed to or ordered by a court.
The court application seeks an order compelling the RAF to provide full reasons and detailed explanations for the failure to effect payment in each matter where settlement agreements or court orders exist, but payment has not been made within the prescribed timeframe.
According to de Broglio Attorneys, the matter raises serious concerns about transparency, administrative accountability and the enforceability of finalised claims within the RAF system.
“These are not numbers on a spreadsheet. They are individuals whose lives have already been fundamentally changed by serious road accidents,” said Michael de Broglio, Director of de Broglio Attorneys.
“Once a matter is settled or a court order is granted, there is a legitimate expectation that payment will follow within a reasonable and defined period. Continued delays undermine that expectation and prolong hardship for people who should already have received their compensation.”
The firm stresses that delayed payments directly affect access to ongoing medical treatment, rehabilitation, mobility aids, specialised care, home modifications and basic financial stability for affected families.
In some instances, claimants have reportedly passed away before receiving compensation that had already been finalised through settlement or court order.
“Families are left carrying the emotional and financial burden of these delays,” says de Broglio.
“Where compensation has been determined by agreement or court order, there is no ambiguity about what is owed. Delays of many months and, in some cases, years, raise serious concerns about accountability and the effective administration of justice for vulnerable road accident victims.”
The firm has called for urgent engagement with all relevant stakeholders, including the RAF, the RAF Board and the Ministry of Transport, to prioritise practical solutions that ensure finalised claims are paid within predictable and reasonable timeframes.
“Our concern is ultimately for the people affected. When a claim has been settled or a court order has been granted, the matter is concluded in law. For hundreds of accident victims, that conclusion has not translated into payment. Greater transparency, accountability and urgency are required to restore confidence in the system and ensure that claimants receive what is legally due to them,” concludes de Broglio.
