Pretoria - Transport Minister Fikile Mbalula and the Road Accident Fund (RAF) are expected to be hauled before court over a government gazette notice issued last month making it very difficult for foreign nationals to lodge a claim if they were in a vehicle accident.
It was announced last month that road accident victims who lodged a claim must issue proof that they were legally in the country at the time of the accident.
In terms of the notice, foreigners who lodge claims must provide documentary evidence that they are legally in the country, together with their RAF claim forms. If not, their claims will not be considered.
Zimbabwean national Adama Mudawo is expected to approach the Gauteng High Court, Pretoria, on September 7 to ask that the notice be reviewed and set aside as being unconstitutional.
In terms of the directive, foreign nationals must not only submit proof that they were legally in the country at the time of the accident, they must also submit a copy of their passport with an exit or entry stamp.
It is stipulated that if the foreign national does not have this required stamp in their passports, their claim may not be lodged, let alone be considered.
Mudawo said in court papers that these requirements were unlawful and that many potential claimants would be prejudiced.
“Virtually on a daily basis foreigners are victims of motor vehicle accidents and qualify for compensation from the RAF under the legislation, which applies to citizens and foreigners alike.”
Many foreigners lodged claims, he said, and many had already received judgments in their favour and were just awaiting payments. Others had claims pending.
Mudawo said these directives clearly distinguished between foreigners and SA citizens, no matter whether both categories were victims of road accidents.
He said the harsh reality was that the RAF would now no longer accept claims from foreigners who did not meet the new requirements.
“Never before did such requisites exist. They constitute novel barriers for the lodging of a claim for compensation under the act. This has serious implications for foreigners wishing to lodge a claim.”
Mudawo added that the adverse effect of these new requirements cannot be overemphasised.
He said the act was clear that everyone injured in a road accident in the country was entitled to claim compensation.
The changes made in the directives would mean those who could not prove from the very beginning that they were legally in the country would not be able to lodge claims.
Mudawo said there was no public participation process before the minister and the RAF published these directives.
“There is no rational basis for the decision to block claims from foreign nationals. This process which has now been adopted amounts to circumventing the Parliamentary law-making process … ”
Mudawo added that foreigners and particularly those illegally in the country were often indigent and had very little access, if at all, to legal assistance to enable them to vindicate their rights.
He said there were no internal remedies to utilise, and called on the court to come to the aid of these foreigners.
The minister and the RAF must still file opposing papers.
Pretoria News