Road accident fund act 56 of 1996 pdf free

The raf amendment act 19 of 2005, which came into effect on 1 august 2008, includes new regulations regarding who can claim from the raf, as. The ruling by griesel j in the matter of sweatman v road accident fund wcc unreported case no 1725811, 31220 griesel j has resolved a dispute concerning the interpretation and application of s 174c of the road accident fund act 56 of 1996 and more specifically the method of actuarially calculating the annual loss for the. The minister of transport hereby publishes the above draft. The minister of transport has, in terms of section 26 of the road accident fund act, 1996 act no. Lesaoana v road accident fund 152011 20 zafshc 39 7. We would like to show you a description here but the site wont allow us. Although the amendment act also abolishes a motor vehicle accident victims common law right to claim compensation from a wrongdoer for losses that are not claimable under the road accident fund act 56 of 1996 raf act, and it limits the amount of compensation that the raf is obliged to pay for claims for loss of income or a dependants. Search functionality on pdf version of policy documents. Act amended the raf act 56 of 1996 hereinafter referred to as the raf act and. The road accident fund raf is a statesupported insurance fund that provides compensation to the victims of road accidents in south africa.

Unit 5 the quantum of damages thirdparty claim in terms. Indeed section 171b of the road accident fund act 56 of 1996 the act provides that. To amend the road accident fund act, 1996 so as to insert a new definition. Section 171b of the road accident fund act of 1996,1 the act as amended by. Pdf the raf amendment act 19 of 2005 came into effect on 1 august 2008 and sections 171 and 171a introduced the concept of. Words in bold type indicate omissions from existing enactments. The road accident fund act 56 of 1996 has for many years been a bone of. Section 1 of the road accident fund act, 1996 act no. National land transport interim arrangements act 45 of 1998. The road accident fund raf or fund is a specialised statutory insurance entity paying compensation to injured road users for personal bodily injuries. Where a third party is entitled to compensation in terms of this section and has. The road accident fund act 56 of 1996 came into operation on the 1 may 1997 old act the road accident fund amendment act, 2005 came into operation on the 1 august 2008 new act the object of both acts is to pay compensation in accordance with applicable legislations for personal loss or damage wrongfully caused by the driving of a motor.

This act shall be called the road accident fund act, 1996, and shall come into operation on a date fixed by the president by proclamation in the gazette, except section 10, which shall be deemed to have come into operation on 21 april 1996. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. The road accident fund was established under the road accident fund act, 56 of 1996 the raf act to pay compensation for loss or damage wrongfully caused by the driving of motor vehicles. Every time you purchase petrol or diesel, you automatically contribute to a statutorily prescribed levy, which is used to finance the fund. Ensuring that the fund is free of fraud and corruption. To provide for the establishment of the road accident fund. Is an undertaking in terms of section 174a of the road accident fund act 56 of 1996 sufficient to include cost of a domestic assistant. Proclamation r32 of 2006, published in government gazette 29086. Financial supervision of the road accidents fund act 8 of 1983 previous short title.

Please refer to this item in sunscholar by using the following persistent url. The road accident fund act 56 of 1996 came into operation on the 1 may 1997 old act the road accident fund amendment act, 2005 came into operation on the 1 august 2008 new act the object of both acts is to pay compensation in accordance with applicable legislations for personal loss or damage wrongfully caused by the driving of a motor vehicle. Amendment of section 1 of act 56 of 1996, as amended by section 125 of act 31 of 2005 1. The road accident fund act 56 of 1996 and serious injuries. Polity offers free access to south african legislation, policy documents and daily political news. Words hi bold type in square brackets indicate omissions from existing enactmens. Despite a number of road laws which seek to regulate and control the use of vehicles on south african roads, accidents occur daily. Road accident fund act and regulations 56 1996 share results. Under which circumstances does the raf have a right of recourse against the owner andor driver of a motor vehicle in terms of section 252 and 3 of the raf act 56 of 1996. Because of the fault based compensation system, raf had to defend all claims lodged on an adversarial approach.

It is hereby notified that the president has assented to the following act which is hereby published for general information. It is funded by a levytax which is included in the. Road accident fund annual performance plan 20162017. The provisions discussed in this article affect persons injured in motor vehicle accidents that occurred on or after 1 august 2008 only. The raf amendment act 19 of 2005 hereinafter referred to as the amendment act amended the raf act 56 of 1996 hereinafter referred to as the raf act and came into effect on 1 august 2008. The act has been updated with a board notice regarding adjustment of statutory limit, published in government gazette no.

Abbreviationsacronyms agsa auditorgeneral of south africa amendment act raf amendment act, 2005 act no. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. Oct 01, 20 the narrative test is a medical instrument prescribed by the road accident fund raf amendment regulations, 2008 1 to the raf amendment act, 2005,2 which amends the raf act 56, 1996. A complete collection of primary and secondary legislation relating to the road accident fund. Butterworths legislation service, road accident fund act, no. Proclamation r27 of 2006, published in government gazette 29041. The annual report is complete, accurate and is free of any omissions. The correct interpretation of s 174c of the road accident. View notes unit 5 the quantum of damages thirdparty claim in terms of road accident fund act 56 of 1996. Many, recently would have noted the judgement in the matter of k p mphirime v raf 2016 unreported, as the honourable judge stated that a case was made out that the plaintiff would be entitled to be paid for the costs of employing a domestic assistant. The raf is a juristic person established by an act of parliament, namely, the road accident fund act, 1996 act no. Free markets, and in particular the private sector, do not fully address the impact of road accidents on society and the economy. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Pdf the road accident fund amendment act 19 of 2005 came into effect on 1 august 2008.

The fund appeals against that ruling with leave of this court. Claim for damages motor vehicle accident general damages. In this matter the supreme court of appeal was faced with the interpretation of section 174c of the road accident fund act 56 of 1998 hereafter the act. The road accident fund amendment act 19 of 2005 came into effect on 1 august 2008. The raf provides personal injury and, when applicable, death. Suppliers claims in terms of section 175 of the road accident fund act 56 of 1996 1 introduction section 175 of the road accident fund act 56 of 1996 raf act provides as follows. It commenced operations on 1 may 1997, assuming at the time, all the rights, obligations, assets and liabilities of the multilateral motor vehicle accidents fund. Raf was governed by the road accident fund act 56 of 1996, which prescribed that raf was to pay compensation to victims of road accidents involving a motor vehicle. Recourse of road accident fund university of the free state. Kruger v president of the republic of south africa wikipedia. This gazette is also available free online at za staatskoerant, 26 april 2019 no.

Road accident fund commission act delhi high court. Changes to road accident fund compensation dsc attorneys. Is an undertaking in terms of section 174a of the road. Act to provide for the establishment of the road accident fund. In its current form, the road accident fund was originally governed by the raf act 56 of 1996. M m v road accident fund 41192015 2019 zafshc 5 4 march. S 4, 6, 1012, 1719, 21, 23, 26 amended by raf amendment act 43 of 2002 from 4 dec 2002. The recent decision of road accident fund v sweatman 1622014 2015 zasca 22 20 march 2015 hereafter sweatman highlighted this danger. Adjustment of statutory limit in respect of claims for loss of income and loss of support 42417. Roads and public liability in a calabash introduction road transportation is the major mode of transportation in south africa. The act was amended in 2008 in an attempt to sustain the fund financially and simplify the claims procedure. The road accident fund raf in south africa, is a state insurer established by statute. Ooroad accident fundo omeans the road accident fund established by section 21 of the road accident fund act, 1996 act no.