oa De Rebus - Know the rules! understanding the correct interpretation of R34 of the uniform rules of court : feature

Volume 2015, Issue 557
  • ISSN : 0250-0329



The Road Accident Fund (RAF) is a public entity established in terms of the Road Accident Fund Act 56 of 1996 (the Act) as amended, to compensate victims of road accidents where serious injury or death arose as a consequence of wrongdoing or fault.

Central to the payment of a claim under the current legislative framework is the common law principle of delict where fault must be proven before a claimant is compensated. As a consequence, the historic trend has been to determine fault and the extent of compensation in the courts, through a highly litigious process, which has seen claimants appointing third party attorneys to claim against the RAF. The RAF in turn appoint legal representatives through a panel of attorneys to defend the matters over what is a considerably lengthy period of time.

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