RAF concerned over rising court cases amid backlog reduction efforts
RAF raises concerns over rising court cases as backlog reduction continues, urging out-of-court settlements to cut costs and speed up compensation.
The Road Accident Fund (RAF) said it is not pleased with the rising number of RAF-related matters appearing before the courts, even as efforts to reduce the backlog of claims continue, according to The Witness.
In recent weeks, Weekend Witness observed over 60 RAF matters on the roll in a single day at the Pietermaritzburg High Court — significantly more than typically seen.
During the 2024 Judicial Service Commission interviews for the position of Deputy Judge President of the KZN Division of the High Court, Judge Nkosinathi Chili said delays in RAF cases were often due to administrative issues within the fund itself.
The RAF, however, has repeatedly said that the backlog stems from court processes, not internal shortcomings.
At the time, Chili identified three key challenges facing the division: Delays in finalising RAF cases, delays in criminal appeal outcomes, and the need to upgrade outdated court equipment.
He said he had taken it upon himself to personally handle RAF matters to better understand the cause of the delays.
Responding to Weekend Witness, RAF head of corporate communications McIntosh Polela said: “The RAF can never be happy with the increase of matters in court because this means the RAF is being sued. It is regrettable that lawyers representing claimants opt for issuing summons rather than seriously considering the offers that we make.”
He said that RAF rarely initiates legal action.
“If you carefully consider the 60 matters on the roll that day, you will hardly find one where the RAF is the initiating party,” he said.
Despite the mounting pressure on the courts, Polela said the fund remains committed to meeting its annual performance plan target of settling claims within 120 days of submission — provided that all required documents are supplied by claimants.
“The RAF remains committed to putting the claimant first and encourages those with long-outstanding claims to contact the RAF contact centre on 087 820 1 111 to check on the progress of their cases.”
While the high number of RAF cases suggests that the courts are working through the backlog more efficiently, the fund maintained that it would prefer out-of-court settlements to reduce litigation costs and speed up compensation.
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