The Road Accident Fund has been plunged into a financial crisis. (Photo: Netcare911 / KZN)
A court application has been launched against the Road Accident Fund, after more than 430 settled claims have apparently still not been paid out, despite court orders that have already been granted.
De Broglio Attorneys approached the court, after numerous claimants, according to the firm, are still waiting for compensation long after the Road Accident Fund’s own payment period of 180 days. In some cases, claimants have been waiting for more than two years for money that has already been legally awarded to them.
The legal action follows amid growing national concern about the fund’s management and accountability. This comes after Parliament’s Standing Committee on Public Accounts (Scopa) decided to file criminal charges against Collins Letsoalo, the former chief executive of the Road Luck Fund, for allegedly failing to comply with a parliamentary subpoena.
According to De Broglio Attorneys, the court application asks that the Road Accident Fund provide reasons as to why payments have not been made in cases where settlements have been reached or court orders have been granted.
The firm says the situation raises serious concerns about transparency, administrative accountability and the enforceability of settled claims within the RAF system.
“These are not just numbers on a spreadsheet. These are people whose lives have already been drastically changed by serious road accidents,” says Michael de Broglio, director of De Broglio Attorneys.
He says that there is a legitimate expectation that compensation will be paid within a reasonable and clearly defined period as soon as a case has been concluded or a court order has been granted.
(Photo: gertnelattorneys.co.za)
“Continued delays undermine that expectation and prolong the suffering of people who should have already received their compensation.”
According to the firm, the delays have a direct impact on victims’ access to ongoing medical treatment, rehabilitation, mobility aids, specialized care and basic financial stability.
In some cases, claimants are believed to have already died, before they received compensation that was settled by a settlement or a court order.
“Families bear the emotional and financial burden of these delays,” says De Broglio.
“Where compensation has already been determined by agreement or court order, there is no uncertainty about what is owed. Delays of months – and in some cases years – raise serious questions about accountability and the effective application of justice for vulnerable road accident victims.”
De Broglio Attorneys is now making an urgent appeal to all role players, including the Road Accident Fund, the council and the Ministry of Transport, to prioritize practical solutions, so that settled claims can be paid out within predictable and reasonable timeframes.
“Our greatest concern remains the people affected. For hundreds of victims, the final settlement of their claims has not yet led to actual payment. Greater transparency, accountability and urgency are needed to restore confidence in the system and ensure that claimants receive what they are entitled to,” says De Broglio.