The RAF Cannot Exclude Undocumented Foreigners from Claiming Compensation
RAF v Mudawo & Others and RAF v Lyton & Others [2026] ZASCA 54 — 16 April 2026
On 16 April 2026, the Supreme Court of Appeal confirmed that the Road Accident Fund is obliged to compensate all persons injured in motor vehicle accidents on South African roads — including undocumented foreigners.
What happened?
In June 2022, the RAF issued an internal directive requiring foreign claimants to prove they were legally in South Africa at the time of their accident. The Minister of Transport followed this up with an amended RAF 1 claim form containing the same requirement. Claimants who could not produce a stamped passport or approved visa had their claims rejected.
A group of foreign nationals injured in road accidents on South African roads challenged these measures on review.
What did the court decide?
The SCA dismissed both of the RAF’s appeals. The phrase “any person” in section 17(1) of the Road Accident Fund Act 56 of 1996 bears its plain, wide meaning — it includes everyone, regardless of immigration status. The court held that unlike other legislation that explicitly limits its beneficiaries to citizens or permanent residents, the RAF Act contains no such restriction. Had Parliament intended to exclude a category of claimants, it would have said so.
The court also confirmed that the RAF’s reliance on the Immigration Act was misplaced. Processing a claim from an undocumented person does not amount to aiding or abetting a contravention of that Act, and there was no evidence whatsoever of widespread fraud by foreign claimants.
Critically, neither the Minister nor the RAF had the legal authority to exclude any category of claimants through a directive or an amended claim form. Doing so violated the constitutional principle of legality. The impugned decisions were set aside.
In the second appeal, the SCA also refused the RAF’s application to suspend existing court orders and warrants of execution. The Fund was bound by settlements it had already concluded, and the directive had no retrospective effect on claims lodged before 21 June 2022.
What does this mean for you?
If you are a foreign national who was injured in a motor vehicle accident in South Africa, you have the right to claim compensation from the RAF regardless of your immigration status. If your claim was rejected after June 2022 on this basis, that rejection was unlawful and you may still have a valid claim — but prescription periods apply, so it is important to act promptly.
At Van der Merwe Attorneys we assist clients with RAF claims with care and determination. Contact us to discuss your matter.
Tel: 012 543 3173 Email: admin@vdmerweattorneys.co.za Web: www.vdmerwe-attorneys.co.za