Raf act 56 of 1996 pdf

The interpretation of the amended raf act 56 of 1996 and the. The raf amendment act 19 of 2005 h ereinafter 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. Amendment of section 1 of act 56 of 1996, as amended by section 125 of act 31 of 2005 1. The chief executive officer, duly authorised by the board of the road. Know when the raf will forfeit its right of recourse. 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 loss of support arising from the. The interpretation of the amended raf act 56 of 1996 and the regulations thereto by the courts with regard to serious injury claims. S 4 amends financial supervision of the road accidents fund act 8 of 1993. Is an undertaking in terms of section 174a of the road. In its current form, the road accident fund was originally governed by the raf act 56 of 1996. Polity offers free access to south african legislation, policy documents and daily political news. 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. Act amended the raf act 56 of 1996 hereinafter referred to as the raf act and came into effect on 1 august 2008. Amended by raf amendment act 43 of 2002 from 4 dec 2002.

Changes to road accident fund compensation dsc attorneys. Pdf the raf amendment act 19 of 2005 came into effect on 1 august 2008 and sections 171 and 171a introduced the concept of serious. Road accident fund act and regulations 56 1996 share results. Home archives vol 15 no 2 2012 articles the interpretation of the amended raf act 56 of 1996 and the regulations thereto by the courts with regard to serious injury claims. Steynberg, loma and ahmed, raheel, the interpretation of the amended raf act 56 of 1996 and the regulations thereto by the courts with regard to serious injury claims august 17, 2012. Section 1 of the road accident fund act, 1996 act no. The road accident fund amendment act 19 of 2005 intends. 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 interpretation of the amended raf act 56 of 1996 and the. Act to provide for the establishment of the road accident fund.

The interpretation of the amended raf act 56 of 1996 and the regulations thereto by the courts with regard to serious injury claims l steynberg. The amendment act limits the road accident funds rafs liability for compensation in respect of claims for nonpecuniary loss general damages specifically. Where a third party is entitled to compensation in terms of this section and has. 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. 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. S 10 amended by revenue laws amendment act 19 of 2001. The fund sha ll procure the funds it requires to perform its functions a by way of a road accident fund levy as contemplated in the customs. The raf is a juristic person established by an act of parliament, namely, the road accident fund act, 1996 act no. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers.

The impugned amending provisions were introduced by the road accident fund amendment act, 20053 amendment. The correct interpretation of s 174c of the road accident. The raf amendment act 19 of 2005 came into effect on 1 august 2008 and sections 171 and 171a introduced the concept of serious injury. 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. 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. The road accident fund act 56 of 1996 and serious injuries. The road accident fund amendment act 19 of 2005 came into effect on 1 august 2008.

Acts online provides legislation, including amendments and regulations, in an intuitive, online format. This fund is known as the road accident fund raf and was established by the road accident fund act 56 of 1996 rafa. Division a discussion of the most important provisions of the road accident fund act 56 of 1996 division b other relevant legislation, now also incorporating relevant magistrates court rules. The act was amended in 2008 in an attempt to sustain the fund financially and simplify the claims procedure. The interpretation of the amended raf act 56 of 1996 and the regulations thereto by the courts with regard to serious injury claims l steynberg r ahmed summary the raf amendment act 19 of 2005 came into effect on 1 august 2008 and sections 171 and 171a introduced the concept of serious injury. Road accident fund v mdeyide 2011 1 bclr 1 cc smit v raf unreported case no 476972009, gauteng high court register of legislation health professions act 56 of 1974 motor vehicle insurance act 29 of 1942 road accident fund act 56 of 1996 road accident fund act 56 of 1996. Steynberg and ahmed the interpretation of the amended raf act 56 of 1996 and the regulations thereto by the courts with regard to serious injury claims 2012 152 per 245. 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. As there is a need for an effective benefit system, which is reasonable, equitable. The surface of the type of damage suffered in terms of section 17 of the road accident fund act is only scratched.

Be it enacted by the parliament of the republic of south africa. Sep 02, 2012 requirements for the liability of the raf in terms of section 171a of the raf act of 1996 answered by a verified lawyer we use cookies to give you the best possible experience on our website. 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. Childrens act 38 of 2005 sections 1, 1561e and 181 foster child grants are not predicated on death of a parent nature and purpose different foster child grants not payable to the foster child but to the foster parent sections 182 and 3 of the road accident fund act 56 of 1996. It is important to remember that these amendments are only applicable to motor vehicle accidents that took place on or after 1 august 2008 as the raf amendment act 19 of 2005 is not retrospective in nature.

Unit 5 the quantum of damages thirdparty claim in terms. 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 raf provides compulsory insurance cover to all users of south african roads against injuries sustained or death arising from accidents involving motor vehicles within the borders of the country. Section 6 of the principal act is hereby amended by substitution for subsection 1 the financial year of the fund shall run from 1 may april of any year to 30 april 3 i march of the following year. It is hereby notified that the president has assented to the following act which is hereby published for general information. The minister of transport hereby, in terms of section 26 of the road accident fund act, 1996 act no. The assessment shall be carried out by a medical practitioner registered as such under the health professions act, 1974 act no.

Pdf the interpretation of the amended raf act 56 of 1996. Know the general requirements that have to be present for this right of recourse to come into operation. As the existing faultbased compensation system administered by the road accident fund, established by the road accident fund act, 1996 act no. The interpretation of the amended raf act 56 of 1996 and. The regulation requires that claims such as the present be lodged with the fund within two. The raf amendment act 19 o f 2005 hereinafter referred to as the amendment act amended th e raf act 56 of 1996 hereinafter referred to a s the raf act and came into effect on 1. See daniels v raf unreported case no 88532010, western cape high court fn 4.

Pdf the interpretation of the amended raf act 56 of 1996 and. Popi act protection of personal information act, 20 act no. The raf provides indemnity insurance to persons responsible for accidents whilst extending personal injury and death insurance cover to victims of motor vehicle accidents and their families. Requirements for the liability of the raf in terms of section. Division c recoverable damages being an exposition of the legal principles determining the damages that may be recovered by a road accident victim. View notes unit 5 the quantum of damages thirdparty claim in terms of road accident fund act 56 of 1996. Identify the circumstances in which the raf is granted a recourse to claim all the damage paid by it in terms of section 17 of the raf act 56 of 1996. This entails that a thirdparty claimant who wishes to claim compensation for nonpatrimonial loss suffered after a motorvehicle accident has to prove that his or her injury is serious. The minister of transport has, in terms of section 26 of the road accident fund act, 1996 act no.

In terms of section 19fi of the act, a claimant is compelled to lodge an affidavit with the fund when heshe lodges hisher claim. 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. Mosebekoa v road accident fund 1097320 2015 zagpphc. 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. Pdf the raf amendment act 19 of 2005 came into effect on 1 august 2008 and sections 171 and 171a introduced the concept of serious injury.

The road accident fund 2nd amendment regulations, 2012. Words in bold type indicate omissions from existing enactments. Road accident fund practitioners guide lexisnexis sa. With acts you are guaranteed the latest and most up to date resource for your legislative needs. 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.