Road Accident Fund says foreigners may claim compensation — if they comply with Immigration Act
The Road Accident Fund (RAF) has confirmed that victims and families affected by the Limpopo bus disaster that killed and injured dozens of Zimbabwean and Malawian nationals are entitled to lodge claims for compensation — but there’s a legal catch that could determine who actually gets paid.
Responding to IOL, the RAF said that while all victims of the tragic DNC Coaches crash near Makhado have the right to apply for compensation under the Road Accident Fund Act, any potential payouts will depend on the outcome of investigations and on each claimant’s legal status in South Africa.
“Victims and/or families of last week’s bus crash in Limpopo are entitled to lodge claims according to the Road Accident Fund Act, [but] each claim will still have to be assessed on its own merit,” the RAF told IOL.
“It is not accurate that the RAF is liable for all or any accidents. Before the RAF can be liable, there must be an establishment of the fact that the accident was wrongfully caused.”
Fatal crash leaves dozens dead and injured
The bus, which was travelling from Gqeberha (Port Elizabeth) to Harare, plunged off an embankment near Makhado (Louis Trichardt) on 12 October, killing more than 40 people and leaving many passengers critically injured.
The vehicle was licensed to carry 61 passengers, but investigators from the Road Traffic Management Corporation (RTMC) found that it was carrying more than 90 people, mostly Zimbabweans and Malawians returning home.
Early reports suggest the bus was overloaded, speeding, and possibly mechanically unsound, with witnesses describing scenes of devastation after the crash.
The Zimbabwean government has since stepped in to assist its citizens — pledging to repatriate the remains of those who died, cover hospital costs for the injured, and coordinate with South African authorities. Malawian officials are conducting similar efforts to identify and assist their nationals.
RAF: Liability not automatic
The RAF’s intervention comes amid public speculation that the fund is automatically liable for compensation to foreign nationals injured or killed on South African roads.
However, the agency’s statement makes clear that liability must first be established under Section 3 of the RAF Act, which stipulates that compensation can only be paid for “loss or damage wrongfully caused by the driving of a motor vehicle.”
That means that each claim will have to be individually investigated — including who was at fault, whether the driver or bus company was negligent, and whether the vehicle was legally roadworthy.
“Until the claims are lodged with the RAF, we implore everyone concerned to allow the relevant authorities to conclude their investigations before any pronouncements are made on the liability of the RAF,” the Fund told IOL.
Immigration law complicates foreign claims
The RAF also introduced a crucial legal caveat that could prevent some victims — particularly those without valid documentation — from receiving compensation.
“The RAF as an organ of state is obliged to comply with section 42 of the Immigration Act, which prohibits the aiding and abetting of illegal foreigners,” the Fund said.
“Where the RAF’s liability is established, the payment of compensation must not contravene any other law such as the Immigration Act.”
In practice, this means that while foreign nationals are not excluded from lodging claims, undocumented migrants may face legal barriers if their compensation would be deemed to “aid or abet” an illegal presence in the country.
Legal experts say this clause could become a flashpoint in the coming weeks, as lawyers for victims test whether the RAF can lawfully withhold payments based on immigration status.
RAF extends sympathy, pledges assistance
Despite its legal caution, the RAF extended condolences to those affected, saying it “sympathizes with the families of those injured and deceased in the accident” and pledges to support them through the claims process.
The agency urged survivors and families to make contact through its call centre (087 820 1111), WhatsApp line (071 605 4707), or email contactcentre@raf.co.za.
Broader questions about rights of foreign nationals
The Limpopo tragedy has reignited debate about the rights of foreign nationals in South Africa — especially when it comes to access to public compensation funds.
Anti-immigrant groups have criticised the idea of South African taxpayers compensating non-citizens, while rights advocates argue that the RAF’s mandate applies to all persons injured or killed on South African roads, regardless of nationality.
The outcome of the Limpopo case could set an important legal and moral precedent, testing the intersection of immigration law, human rights, and public compensation.
Investigations ongoing
Authorities from the Road Traffic Management Corporation and Limpopo Transport Department are continuing investigations into the crash. Early findings point to excessive speed, overloading, and poor vehicle maintenance as likely contributing factors.
For now, survivors and families are being advised to gather identity documents, medical records, and accident reports to prepare their claims — a process that could take months to resolve.
jonisayi.maromo@iol.co.za
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