South Africans who suffer injuries in road accidents are facing major obstacles in securing justice. The Road Accident Fund (RAF) is unable to keep up with the demands of compulsory mediations.
The situation has resulted in a growing backlog of thousands of cases, leaving victims effectively locked out of the courts.
The Mediation Directive at the Centre of the Crisis
The problem stems from a Mandatory Mediation Directive issued by the Gauteng High Court in April this year. The directive requires that nearly all civil cases, including RAF claims, go through mediation before reaching trial.
While the measure was intended to reduce court congestion, it has instead worsened delays for accident victims.
Advocate Justin Erasmus, chairperson of the Personal Injury Plaintiff Lawyers Association (PIPLA), said the numbers paint a grim picture. Since the directive was implemented, two legal firms have issued more than 1,000 Rule 41A notices to the RAF. Yet only 35 have been answered, just three went to mediation, and none were settled.
“The RAF simply does not have the capacity to mediate in volume,” Erasmus explained.
Legal Challenges Mount
In response, PIPLA filed an urgent supplementary affidavit in the Gauteng High Court last week. They highlighted how the revised mediation directive is failing in practice. Earlier, in May, the association approached the Constitutional Court. They argued that compulsory mediation infringes on South Africans’ constitutional right of access to court.
The case is expected to be heard sometime between late 2023 and early 2026. Based on current statistics, Erasmus believes PIPLA has a strong argument.
Courts Overloaded and Under-Resourced
To prevent backlogs, Gauteng’s trial courts need to process about 300 matters weekly, with mediations often taking an entire day. Erasmus noted that this would require at least 60 state attorneys dedicated to mediation. In reality, only 35 attorneys are available, each with other pressing duties.
“Our judicial system is hopelessly under-resourced to meet this demand, as illustrated by the current situation,” he warned.
Erasmus stressed that while mediation can be valuable, forcing it on a scale beyond the RAF’s or the courts’ capabilities effectively denies victims their right to justice.
“At the current rate, many people may never get the chance to have their case heard,” he said.
Victims Left in Limbo
The Association for the Protection of Road Accident Victims (APRAV) has also raised alarm. They warned that Gauteng’s civil justice system is “on the brink of collapse.”
According to APRAV’s estimates, it could take between 8 and 12 years for an RAF claim to be paid out, if it is paid at all. The group has accused the RAF of exploiting the system. This is to reject thousands of valid claims under an unlawful board notice.
“The directive has handed the RAF the perfect opt-out,” said APRAV deputy chairperson Ngoako Mohlaloga. “By removing trial dates under this system, the RAF can delay, deny, and deflect even further.”
Despite multiple urgent challenges to the directive, most applications have either been dismissed or redirected to the very court that issued the rule. This leaves victims with little progress toward relief.
For now, South Africans injured in car crashes remain trapped in a system designed to ease court pressure. Instead, it leaves justice out of reach.
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