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Comment Extended for Road Accident Benefit Bill

April 11, 2013

Department of Transport

The comment period for the Draft Road Accident Benefit Scheme Bill has been extended to 7 June 2013.

The bill was first published in Government Gazette 36138 at the beginning of February this year.

The extension notice appears in Gazette 36355.

The proposed legislation seeks to create a social security scheme for the victims of road accidents.

Cabinet approved the road accident benefit scheme in 2011.

The draft bill also aims to:

• Establish the Road Accident Benefit Scheme Administrator to administer and implement the scheme;
• Provide a set of defined benefits on a no-fault basis to persons for bodily injury or death caused by or arising from road accidents; and
• Exclude liability of certain persons otherwise liable for such damages in terms of the common law.

According to the bill, the existing fault-based compensation system administered by the Road Accident Fund is not effectively achieving the purpose for which it was created.

The current system was set up by the Road Accident Fund Act of 1996.

A “reasonable, equitable, affordable and sustainable” benefit system is the bill’s stated objective.

The proposed legislation also intends expanding access to benefits by providing them on a no-fault basis.

The envisaged administrator will be tasked with helping qualifying persons to submit claims, deal with notices, medical reports and claims and assess, accept or reject claims for benefits and establish and maintain a database of claimants and beneficiaries, amongst other things.

Comment can be mailed to rabsbill@dot.gov.za.