Frequently Asked Questions

The Road Accident Fund (RAF) provides compensation to:

Injured persons: Any person (driver, passenger, cyclist, or pedestrian) who is bodily injured in a motor vehicle accident caused by the negligence of another driver .

Dependants of a deceased victim: The spouse, children, or other financial dependants of a person who died in a motor vehicle accident can claim for loss of support .

Yes, you are still entitled to claim these expenses from the RAF. The RAF cannot reject your claim simply because your medical aid has already paid. This is based on the legal principle that a wrongdoer (the RAF) cannot benefit from a private contract (your medical aid) . If the RAF pays you for these expenses, you are typically contractually obliged to reimburse your medical aid scheme according to its rules .

It is vital to act quickly. A claim against the RAF must generally be lodged within three years of the date of the accident. However, if the identity of the driver or owner of the vehicle that caused the accident is unknown, the claim must be lodged within two years .

If you have suffered injury due to the negligence of a medical professional (doctor, nurse, or hospital), you may be able to claim compensation for past and future medical expenses, past and future loss of income, and general damages for pain, suffering, and loss of enjoyment of life .

If you pass away without a will, your estate will be distributed according to the Intestate Succession Act. This means you forfeit all control over your assets; the law dictates who your heirs will be . For example, your estate will be divided among your spouse and children in a specific formula . Furthermore, if you have minor children, their inheritance is paid to the Guardian’s Fund, and a court—not you—will appoint a guardian for them, which may not be the person you would have chosen .

An executor is the person appointed in your will to administer your estate after your death. Their duties include registering the estate with the Master of the High Court, paying debts and taxes, and distributing assets to heirs . You should appoint someone you trust implicitly, such as a family member or close friend. Given that estate administration can be complex, many people appoint a professional executor (like an attorney or trust company) to act alongside a family member .

The first step is always to try and resolve the issue internally. You should lodge a formal grievance according to your company’s internal grievance procedure . This typically involves documenting your complaint clearly and factually and submitting it to your immediate supervisor or the Human Resources (HR) department . The employer should then investigate and hold a meeting with you to discuss a resolution .

 If the internal grievance procedure does not resolve the matter, the next step for most disputes is to refer the dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) or the relevant Bargaining Council . The CCMA is an independent body set up to resolve labour disputes through non-confrontational methods .

The timeline depends on the level of cooperation between spouses. If the divorce is uncontested (both parties agree on the terms), it can be finalised in approximately 4 to 6 weeks. However, if the divorce is defended (the parties disagree on issues like assets or custody), it can take many months or even up to two years to be finalised by the court.

Both parents have an equal responsibility to maintain their children, regardless of who they live with . The amount of maintenance is not based on a fixed formula but is calculated by looking at two main things: the needs of the child (for food, clothing, housing, medical care, and education) and the financial means of both parents (their income and earning capacity) . The Maintenance Court can help set and enforce this amount.

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