Terror attack victims fall through cracks in SA law

The March 2023 petrol bomb attack on a Go George bus in Pacaltsdorp, which left several passengers with severe burns and life-changing injuries, has again drawn attention to a serious gap in South Africa's legal and social security framework.

- Kristy Kolberg

There is no statutory compensation for victims of terrorism or violent crime.

Legal expert George Kahn, a director at Richard Spoor Inc Attorneys in Cape Town, says the tragedy shows how far South Africa lags behind many other countries in supporting such victims.

"Nations like the United Kingdom, France, the United States, Canada, Australia and Israel have statutory third-party insurance or dedicated funds for victims of terrorism.

In contrast, South Africans injured in such incidents are left to navigate a patchwork of laws and insurance policies. Most of which exclude them," he says.

Insurance and social security limits

Kahn explains that the South African Special Risk Insurance Association (Sasria), the unique state-owned insurer, is restricted to covering damage to property caused by unrest, riots or terrorism.

Natural disasters may qualify, too. Established to provide cover against politically motivated unrest, Sasria insures against damage to property caused by riots, strikes, terrorism and other forms of public disorder.

However, its mandate is strictly limited to infrastructure and property damage. It does not cover personal injury, medical expenses or compensation for loss of income.