Pretoria - Cabinet approved the Road Accident Fund (Transitional Provisions) Amendment Bill, 2012, for debate in Parliament.
This was announced by Minister in the Presidency responsible for Performance Monitoring and Evaluation, Collins Chabane, on Friday, while briefing members of the media on the outcomes of the Cabinet meeting held this week.
The Road Accident Fund (Transitional Provisions) Bill, 2012, seeks to provide for transitional measures in respect of certain categories of third parties whose claims were limited under the old Act and give effect to the Constitutional Court judgment of Mvumvu vs Minister of Transport.
Chabane said it was clear from the Constitutional Court judgment that Parliament should devise a new regime applicable to a discrete category of road accident victims - that is those who were involved in accidents prior to 1 August 2008, and whose claims are capped by section 18 of the old Act.
The legislation should also propose some middle ground which increases the compensation available to the victims but does not amount to full compensation.
The legislation should not have the effect of forcing all road accident victims affected to be subject to the Road Accident Fund Act, 1996 (Act 56 of 1996), as it stood after 1 August 2008, as this would retrospectively remove the rights that they had under the old Act.
