draft raf regulations
12 March 2007

The LSSA has cautioned the Department of Transport that there are several draft regulations to the Road Accident Fund Amendment Act 19 of 2005 that may also not meet the constitutionality test. ‘The LSSA, through its specialist Motor Vehicle Accident Committee, earlier this year made submissions to the Department. It has also sought the opinion of senior counsel on the constitutionality of the draft regulations in an effort to avert the long road that constitutional challenges normally take,’ says Mr Daya.

The LSSA has cautioned the Department of Transport of the dire consequences of implementing the draft regulations which deal, among other matters, with the assessment of serious injuries and what could be interpreted as an attempt to remove the ‘benchmarking’ of compensation from the hands of the courts. ‘The committee believes that the regulations may well be a forerunner to the vision contained in the Satchwell Commission Report on the Road Accident Fund, which was recently approved by Cabinet as a possible benefit scheme.

The committee also warned the Department that, should the amendment Act and the draft regulations come into effect as an interim measure, government would be faced with the considerable cost of and practical difficulties of maintaining, over a number of years, three concurrent schemes. If the amendment Act and/or the regulations are challenged, either on the basis of the regulations being ultra vires, or the combination being unconstitutional, road accident victims would be further prejudiced pending resolution,’ says Mr Daya.

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