The SCA upheld the lower court’s interpretation of section 17(1) of the RAF Act, which refers to compensation being payable to “any person” injured or killed in a road accident. The court found that the wording does not exclude undocumented migrants, reaffirming that eligibility is based on injury arising from road use rather than immigration status.
The ruling has been welcomed by migrant rights organisations, which argue that the decision upholds constitutional principles of equality and access to justice.
Speaking to Channel Africa on Monday, Vusimuzi Sibanda, President of the African Diaspora Forum, said the judgment confirms what the law has always intended.
“The RAF is funded through a fuel levy paid by everyone who uses SA’s roads, including migrants, documented or undocumented,” Sibanda said. “It would be unjust to exclude people who contribute to the fund from benefiting when they are injured.”
The RAF had argued that public funds should prioritise SA citizens and lawful residents, but the court rejected this position, noting that the Act does not make such distinctions. Sibanda said concerns about public resources cannot override clear legislative wording.
“If people believe migrants should be excluded, then Parliament would need to amend the law,” he said. “Even then, such an amendment would likely be tested against constitutional protections.”
The ruling comes amid ongoing financial strain at the RAF, which has struggled with deficits and administrative backlogs. Critics of the decision argue that extending claims to undocumented migrants could worsen the Fund’s financial challenges. However, Sibanda said there is no evidence that migrant claims materially contribute to the RAF’s crisis.
He also noted that many undocumented migrants face practical barriers when making claims, including a lack of documentation, fear of approaching authorities and difficulty opening bank accounts.
“There is still a need for education and support to ensure people know their rights and can access the system,” he said, adding that civil society organisations play a key role in assisting claimants.
–ChannelAfrica–
