New RAF ACT Challenged

THE Law Society of SA plans to challenge the Road Accident Fund Amendment Act's constitutionality in the Pretoria high court next week.

THE Law Society of SA plans to challenge the Road Accident Fund Amendment Act's constitutionality in the Pretoria high court next week.

LSSA spokesperson Barbara Whittle said they had been joined by 10 other applicants who believed the act was unconstitutional as it removed road accident victims' common-law right to claim for fair compensation from the wrongdoer.

It also provided that only people who suffered from "serious" injuries were entitled to claim general damages from the Road Accident Fund (RAF).

This excluded many claimants, who might have suffered severely debilitating injuries, from qualifying from claiming any compensation for pain and suffering and disfigurement from the fun d.

The act also capped a claimants claim against the RAF for past and future loss of income or support to R160000 per year and restricted compensation for emergency treatment to a reduced tariff.

In addition to this, the act limited claims for hospital and medical care to provincial hospital tariffs. - Sapa

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