RAF contract lawyers get reprieve… for now

The High Court in Pretoria has put the Road Accident Fund’s (RAF) plans to cut ties with 103 private attorneys on ice – for now.

Judge Wendy Hughes this week ordered that the attorneys, who are contracted to the fund to assist with claims, be allowed to stay on for at least six months, warning that “a constitutional crisis looms”.

“This could have grave effects for claimants and thus it must be averted to protect their rights.

“The RAF is the only institution responsible to compensate victims of motor vehicle-related accidents and the RAF has a social responsibility to continue doing so in a legally accepted manner,” the judge said.

“Unfortunately, the court has to intervene to protect the general public of South Africa as their rights in terms of the constitution are being threatened.”

Hughes was delivering judgment on three review applications that three groups of attorneys launched after the RAF earlier this year announced that from 1 June it would no longer be using private attorneys.

In a bid to cut costs the fund would instead be looking to capacitate its in-house team “to be able to investigate and settle claims”.

But Hughes pointed out that the RAF had conceded it would require the service of attorneys “from time to time”.

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