By: Natasha Archary
Advocate Justin Erasmus, Chairperson of the Personal Injury Plaintiff Lawyers Association (PIPLA), is one of the legal experts who is crying foul over the proposed changes to the Road Accident Fund (RAF).
Speaking to Gugulethu Mfuphi on Kaya Biz, Adv. Erasmus says the fund is crucial to cover all South African road users, including pedestrians and cyclists.
“Most of the road users that RAF covers is the poorest of the poor in the country, think about the people who spend hours and hours commuting in taxis and buses.
So, there’s a critical social function that RAF fulfills, in that it has to provide the social compensation that is necessary when you’ve had your life destroyed in a motor vehicle accident, particularly when you come from the most vulnerable road users.”
The Department of Transport gazetted a draft Road Accident Fund Amendment Bill, for public comment on 08 September, giving South Africans just 1-month to provide feedback on the proposed changes.
According to Adv. Erasmus 300 Personal Injury Lawyers are heavily against the bill, which seeks to move from a compensation model to a “benefits” model for those who are claiming.
“Currently, a claim for loss of income is paid out in a lump sum, under the new system claimants will receive annuity payments (partial) that will eventually equal the total sum they are supposed to receive.
There is also the qualification that the amount payable is subject to periodic review of the Fund’s liabilities and if a claimant dies before the full annuities are received, the payments will stop and their heirs will receive nothing.”
Advocate Justin Erasmus is against the proposed changes to the Road Accident Fund
Adv. Erasmus says the proposed bill goes beyond a reduction, and says it actually goes into an elimination and completely taking away your rights.
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