RAF at risk of imploding

Its survival depends 'on a moratorium on execution of writs and warrants'.

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The Road Accident Fund (RAF) is in danger of collapsing and has received another high court lashing over the way in which it manages the claims of road accident victims.

Judge Soraya Hassim said the reality is that the survival of the RAF is dependent on a moratorium on execution of writs and warrants in respect of capital and interest.

Hassim added that inherent in the agreement by the respondents to an RAF application for a further suspension of warrants and writs “is the acknowledgment that a suspension of execution while unpalatable, is necessary to avert a collapse of the fund”.

Hassim was highly critical of the RAF’s conduct in the judgment handed down in the High Court in Pretoria last Friday.

“Regrettably, over at least the last three to four years, the fund has not respected the rights and needs of claimants injured in vehicle accidents due to the negligent driving of another,” she said.

“Lamentably, the fund has breached its statutory obligation to compensate injured claimants.”

Hassim said the RAF disregards the rules of court aimed at an orderly and speedy resolution of disputes and ignores court orders.

She said consequently, the RAF “whether intentionally or not” has obstructed the efficient operation of the courts, thereby failing to discharge its positive constitutional obligation to assist courts to ensure the dignity, accessibility and effectiveness of the courts.

“Undesirably, countless hours of judicial time, and resources are wasted because the fund does not properly defend actions.

“In most cases, the fund does not produce expert reports and is not represented at the trial.

“The adjudicative task is however not made lighter when the fund is in default, it is heavier. The court must still ensure that a plaintiffis neither over-compensated nor under-compensated,” she said.