Concern over exclusion of foreign nationals from Road Accident Fund

Legal expert Advocate Simba Chitando has raised concerns regarding the Road Accident Fund’s (RAF) decision to withhold compensation from foreign nationals injured in accidents on South African roads.

The RAF is a government-funded scheme that provides compensation to victims of motor vehicle accidents, but its CEO, Collins Letsoalo, recently stated that it was unsustainable for the fund to cover foreign nationals.

Last year, the RAF issued a directive halting lump-sum payments to individuals lacking valid documentation in the country. This directive is currently under legal challenge by Zimbabwean national Adam Mudawo.

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Chitando asserts that foreign nationals are being unfairly treated. He points out that these individuals contribute to the RAF through fuel purchases, as a portion of the fund’s revenue is derived from fuel levies. Thus, according to Chitando, excluding foreign nationals from RAF compensation is unjust as they indirectly contribute to the fund.

Chitando’s concerns highlight a broader issue of equitable access to essential services and benefits for all individuals, regardless of their nationality or immigration status.

The matter remains a subject of legal contention as the courts consider the validity of the RAF directive.

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