The Supreme Court of Appeal (SCA) has ruled that the Road Accident Fund (RAF) cannot refuse to pay compensation to people even if they are in South Africa illegally.
The SCA on Thursday dismissed two appeals by the RAF concerning section 17(1) of the RAF Act, more specifically, whether “any person” entitled to claim compensation for loss or damage, as contemplated in that provision, excluded illegal foreigners.
In the first appeal, a full bench of the Pretoria high court held that the section did not exclude illegal foreigners.
The second appeal is against an order by the Pretoria high court, which dismissed an application by the fund to interdict a number of claimants from proceeding with a warrant of execution against the fund’s assets, pending a decision by the SCA on the first appeal.
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