Crash victims, families left destitute as RAF drags feet on payments

Several road accident victims and their families are struggling financially as they wait for compensation from the Road Accident Fund (RAF).

The fund recently conceded it had a payment backlog of about R20 billion and said it was racing to address it.

But delays in paying successful claimants are having serious consequences for families whose breadwinners have suffered permanent injuries and are unable to work.

RAF fails to pay on time

Among those hit is Zimbabwean-born ex-Bolt driver Hitler Mapolisa, who was involved in a serious car accident in Johannesburg on 19 December 2021.

“I was a Bolt driver for so many years, and on 19 December 2021 I was involved in a serious car accident and sustained injuries that left one of my hands functioning improperly.

“Since then, I have been struggling to feed my family because I can’t drive for a long time. The court ruled the RAF must pay me within 14 days. But the RAF said the payment will be made after 180 days.”

RAF attempts to find loophole

Mapolisa said he waited for the payment but was repeatedly told it was being processed.

He was later informed that the RAF questioned whether he was legally in South Africa when the accident occurred. He disputes this, saying he held a Zimbabwean Exemption Permit (ZEP).

The Citizen has seen a 2025 High Court order directing the RAF to pay Mapolisa about R1.2 million for loss of earnings following the accident.

Payout to accumulate interest

The order issued on 20 May last year, stated if the amount was not paid within 180 days, interest would accrue at 11% a year.

The RAF was also given 14 days to decide on his claim for general damages. Mapolisa said his brother is supporting him and his family because he has no income.

“I am a father of four children. Two have completed Grade 12, while the other two are still young. If I can get that money, I can take them to tertiary school in South Africa,” he said.

He recently went home to Kwekwe, in Zimbabwe’s Midlands, as he was battling financially since he couldn’t work.

Interest still outstanding

Another road crash victim, Elnestie Smit, has also been affected by delayed RAF payments after she and her daughter were involved in a collision near Nigel in Ekurhuleni.

Smit said she expected payment in September last year but was forced to take out a loan while waiting for the RAF.

When the RAF eventually paid up, about R700 000 went towards settling the loan. Smit said the fund still owed her about R500 000 in interest that had accumulated during the delay.

“I am a bookkeeper by profession, but I am struggling to sit for a long time because of the injuries I sustained,” she said.

Many waiting to be paid

Smit’s lawyer, Lauren Fletcher, said she was one of tens of thousands of claimants waiting for payment.

“The social consequences of these delays are heartbreaking,” Fletcher said.

She said enforcing court orders against the RAF was difficult as writs of execution frequently failed to secure payment.

“RAF bank accounts are often emptied shortly after funds are deposited, and the RAF also changes the bank accounts it uses, making attachment of funds difficult,” she said.

Fund dodges sheriff

Fletcher said this had happened in Smit’s case after a sheriff informed them execution had been frustrated because the RAF had changed its bank accounts.

She said attaching RAF property was also often ineffective because much of the property used by the RAF was leased.

Fletcher said her firm had held meetings with senior RAF management to expedite payment, but little action followed.

The RAF refused to comment, saying matters involving beneficiaries were confidential.