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Road Accident Fund berated by judge for delaying execution of court order

A judge said the function of the court is to determine disputes between the RAF and claimants – it is not to assist the RAF to manage and fulfil its objects and to pay reasonable compensation. Picture: File

A judge said the function of the court is to determine disputes between the RAF and claimants – it is not to assist the RAF to manage and fulfil its objects and to pay reasonable compensation. Picture: File

Published Jul 28, 2022

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Pretoria - The Road Accident Fund (RAF) pays lip service to the plight of claimants who, as a consequence of its failure to properly discharge its mandate, have to wait years to be compensated. Then they still have their payments delayed by disputes from the RAF.

This is according to Gauteng High Court, Pretoria, Judge Anthony Millar, who made these remarks in the case of a woman injured nine years ago.

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The court earlier ruled that Lauren Plaatjies was due to receive more than R4.5 million from the RAF for loss of earnings after her accident. This was after both Plaatjies and the RAF were legally represented in court and a host of medical experts presented reports regarding her injuries.

The RAF chose not to instruct its medical experts to meet their counterparts. It deliberately chose not to lead the evidence of its medical experts.

While the RAF had 180 days to pay Plaatjies, it did not honour its payment. She then issued a warrant to attach RAF assets with the aim of recovering the amount due to her.

The RAF indicated that it wanted to appeal the order that it had to pay her more than R4.5m, but it approached the court urgently to stay the execution of the warrant, pending the outcome of the appeal.

The RAF said it was aware of the plight of claimants who had to wait for their claims to be met, but it had a duty to the public to ensure that it did not pay where there was a suspicion of over-compensation.

Judge Millar said it was unfortunate the RAF had taken this view.

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“The function of the court is to determine disputes between the RAF and claimants – it is not to assist the RAF to manage and fulfil its objects and to pay reasonable compensation.”

Judge Millar, in turning down the applications, said the RAF’s application created the impression that it had been brought for no purpose other than to delay the execution of the warrant.

Pretoria News

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