de Broglio Attorneys has launched a High Court application against the Road Accident Fund (RAF) following the continued non-payment of more than 430 matters where settlement agreements have been concluded or court orders granted. Despite legal finality, claimants remain unpaid well beyond prescribed timeframes, in some cases for years, raising urgent questions about enforcement, accountability and the RAF’s ability to meet its statutory obligations.

The application comes amid heightened national scrutiny of the RAF’s F’s governance and accountability, following Parliament’s Standing Committee on Public Accounts (Scopa) decision to lay criminal charges against former RAF CEO Collins Letsoalo for failing to comply with a parliamentary summons. Against this backdrop, concerns around oversight, financial management and consequences for non-compliance within the RAF have intensified.

According to de Broglio Attorneys, many claimants remain unpaid well beyond the RAF’s stated 180-day payment period despite their claims having been finalised. In some instances, victims have waited more than two years for compensation that has already been agreed to or ordered by a court.

The court application seeks an order compelling the RAF to provide full reasons for its failure to effect payment in matters where settlement agreements or court orders exist, but payment has not been made within the prescribed timeframe.

The firm argues that the matter raises serious concerns about transparency, administrative accountability and the practical enforceability of finalised claims within the RAF system. “These are not numbers on a spreadsheet. They are individuals whose lives have already been fundamentally changed by serious road accidents,” said Michael de Broglio, Director of de Broglio Attorneys. “Once a matter is settled or a court order is granted, there is a legitimate expectation that payment will follow within a reasonable and defined period. Continued delays undermine that expectation and prolong hardship for people who should already have received their compensation.”

The consequences extend beyond financial delay. Payments impact access to medical treatment, rehabilitation, mobility aids, specialised care, home modifications and the broader financial stability of affected families.

In one matter cited by the firm, the claimant passed away before receiving compensation that had already been finalised through a court order. According to de Broglio Attorneys, the RAF subsequently attempted to renegotiate the amount payable despite the matter having been legally concluded.

“Families are left carrying the emotional and financial burden of these delays,” said de Broglio.

“Where compensation has been determined by agreement or court order, there is no ambiguity about what is owed. Delays of many months and, in some cases, years raise serious concerns about accountability and the effective administration of justice for vulnerable road accident victims.”

The firm has called for urgent engagement between all relevant stakeholders, including the RAF, the RAF Board and the Ministry of Transport, to ensure finalised claims are paid within predictable and reasonable timeframes.

De Broglio says the issue extends beyond individual cases and speaks to public confidence in a system intended to support road accident victims at some of the most difficult times in their lives.

“Our concern is ultimately for the people affected. When a claim has been settled or a court order has been granted, the matter is concluded in law. For hundreds of accident victims, that conclusion has not translated into payment,” he said.

“Greater transparency, accountability and urgency are required to restore confidence in the system and ensure that claimants receive what is legally due to them.”

Original article published on News24 – see it here.