24/10/2024
RAF compensation for foreigners: general principle
Up to 2022, RAF compensation was available to any person injured in a road accident in South Africa. This was regardless of immigration status.
This principle is stated clearly by the National Government. It says, “The Road Accident Fund (RAF) provides compulsory cover to all users of South African roads, citizens and foreigners, against injuries sustained or death arising from accidents involving motor vehicles within the borders of South Africa.”
It also states, “The client base of the RAF comprises not only the South African public, but all foreigners within the borders of the country.”
RAF direction excluding illegal foreigners in 2022
However, in June 2022, the RAF published a new directive stating that a RAF claim by a foreigner would be rejected if the claimant couldn’t show documentary proof that he or she was legally in South Africa.
The directive reads, “A copy of the foreign claimant’s passport showing the entry and/or exit stamp must be submitted. Where the passport does not have any stamp the RAF will not be lodging such a claim.”
Before this new directive, the legality of their residence in South Africa did not preclude foreigners from claiming from the RAF.
In July, the Minister of Transport gazetted a new claim form, known as RAF 1 form, that expressly requires foreigners to prove that they were legally in South Africa when the road accident occurred.
Please make sure your passport is up-to-date and stamped!!!