A bus crashed on the N1 North near Ingwe Lodge in Musina. Image credit: Arrive Alive
(The Post News) – In light of the sad Limpopo bus tragedy that claimed 43 lives, the Road Accident Fund (RAF) has made it clear that any applications for compensation would be evaluated on an individual basis and must conform to South African law, including the Immigration Act.
Media claims implying that the fund is automatically liable or will make payments regardless of a victim’s immigration status are denied by this statement.
The RAF emphasized that not all traffic accidents automatically result in its responsibility. The fund stated in a statement that it will only be required to compensate for “loss or damage wrongfully caused by the driving of motor vehicles” once responsibility has been established definitively. The RAF will now start individual investigations after claims are properly filed, as a preliminary investigation determined that the driver’s excessive speed and a mechanically unroadworthy bus were the causes of the disaster.
The fund issued a warning against making snap decisions regarding liability, stating that it must investigate each claim before disbursing any funds.
The Immigration Act and High Court Ruling
The compensation of foreigners, who constituted the majority of the victims, is a major source of disagreement. The RAF claimed that it is subject to the Immigration Act’s Section 42, which forbids helping and aiding unlawful foreigners.
According to the fund, no compensation payment should be made in violation of the Immigration Act. Despite a recent court challenge, this position remains in place:
Before their claims could be taken into consideration, overseas claimants had to produce documentation of their legal status in South Africa, according to an order issued by the RAF in 2022. Nonetheless, there was a successful judicial challenge to this directive. The Gauteng High Court in Pretoria examined and invalidated the RAF’s demand in March 2024. The court determined that the RAF lacked the power to decisively alter the primary legislation’s reach and that the RAF Act’s language, which stipulates that “any person” is entitled to claim, includes all foreigners, regardless of their legal immigration status.Additionally, the High Court rejected the RAF’s request for permission to appeal this decision in July 2024, so affirming the fund’s inability to exclude foreign nationals solely on the basis of their legal status.
Despite the court rulings maintaining that the RAF Act applies broadly, the fund insists that payments must align with all national legislation, including the Immigration Act. The RAF concluded by extending its condolences and pledging to support families in lodging their claims.
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