Can Foreigners Claim from the Road Accident Fund in South Africa?

Yes. A foreign national may claim from the South African Road Accident Fund (RAF) if they are a qualifying third party injured or affected by a motor-vehicle accident in South Africa, and the statutory claim requirements are met. The Supreme Court of Appeal’s consolidated judgment in Road Accident Fund v Mudawo and Others (1185/2024) and Road Accident Fund v Lyton and Others (1468/2024), [2026] ZASCA 54, confirms that section 17(1) of the Road Accident Fund Act 56 of 1996 does not exclude foreign nationals merely because their immigration status is unlawful.

The Short Answer: Yes — but Only on the Statutory Terms

The RAF is a national statutory fund created by the RAF Act. Its object is to pay compensation for loss or damage wrongfully caused by the driving of motor vehicles. Section 17(1) obliges the Fund to compensate “any person” (the third party) for qualifying loss caused by bodily injury or death arising from negligent or otherwise wrongful driving at any place within the Republic.

The Act therefore does not make South African citizenship a condition of recovery. A visitor, temporary resident, asylum seeker, undocumented person, passenger, pedestrian, cyclist or driver may fall within the statutory scheme, depending on the facts. The decisive questions are whether the accident and injury satisfy section 17, whether the claimant can prove the loss, and whether the claim was properly lodged and pursued.

Who Counts as a “Third Party” Under the RAF Act?

“Third party” is the person entitled to claim under section 17(1). This can include the person who suffered bodily injury, or a person claiming because another person died or was injured. In practical terms, a foreign national may be a driver, passenger, pedestrian or cyclist injured in South Africa, or a dependant or qualifying claimant in a fatal-accident matter.

Nationality alone does not remove that status. The claimant must connect the loss to the driving of a motor vehicle, establish the applicable negligence or wrongful act, and prove the heads of damage. A claim is not automatically valid because the claimant was present at an accident, and the RAF can still test identity, the location of the collision, medical causation and the amount claimed.

What RAF v Lyton Changed for Foreign Nationals

In 2022, the RAF issued a directive and a revised RAF 1 form requiring a foreign claimant to provide proof that they were legally in South Africa when the accident occurred. The SCA held that neither the Minister of Transport nor the RAF had power to add an immigration-status exclusion that Parliament had not put into section 17(1). The directive and amended form were unlawful because they conflicted with the Act’s wording, purpose and the principle of legality.

The judgment does not dispense with proof of the accident, identity, injury or loss. It also does not prevent the RAF from investigating whether the accident occurred in South Africa or from requesting relevant information. It means that lawful presence cannot be imposed as a separate gateway to an otherwise qualifying claim. The court further held that the Immigration Act does not authorise the RAF to withhold an entitlement created by another law.

Documents a Foreign-National Claimant Should Gather

Immigration status is not a lawful exclusion after Lyton, but an organised documentary file remains essential. A claimant should preserve:

• a passport, identity document or other reliable proof of identity;
• available visa, asylum, refugee or border records, without treating lawful status as the eligibility test;
• the South African Police Service accident report and related case details;
• hospital records, medical reports, invoices and proof of ongoing treatment;
• payslips, employment records and other evidence of past or future loss of earnings; and
• in a fatal claim, the death certificate, available inquest or prosecution records, and proof of the claimant’s relationship or dependency.

Documents issued outside South Africa may need certification, translation or authentication before an institution will accept them. The correct requirement depends on the document and the stage of the claim, so it should be confirmed before submission.

The Claim Forms: RAF 1, RAF 2, RAF 3 and RAF 4

Section 24 requires the compensation claim and accompanying medical report to be set out in the prescribed forms and completed in all their particulars. The forms should not be treated as interchangeable:

Form	Purpose in the RAF file
RAF 1	The third party’s formal claim for compensation, including the accident, claimant, injury and compensation details.
RAF 2	The prescribed medical report completed by the treating medical practitioner or hospital representative.
RAF 3	A prescribed supporting accident or claim report; the current version and completion instructions should be confirmed with the RAF.
RAF 4	The serious-injury assessment report relevant to a claim for non-pecuniary loss under section 17(1A), not a substitute dependants’ claim form.

For a death claim, section 24(2)(b) may require documentary proof such as an inquest record or charge sheet where the person died at the scene, together with evidence supporting the dependant’s claim. Incomplete forms, unanswered questions and unsupported compensation amounts can cause the RAF to object to validity or request further information.

Prescription: How Long Is There to Claim?

Section 23 generally gives three years from the date the cause of action arose where the identity of the owner or driver has been established. A claim lodged under section 17(4)(a) or section 24 does not prescribe before five years from the cause of action. Special rules apply to minors, people detained as mental-health patients and people under curatorship. Do not assume that a general “six-month” period replaces these rules: section 24 also creates a 120-day period before summons may ordinarily be served, unless the RAF repudiates liability in writing.

Prescription is fact-sensitive, particularly in hit-and-run, fatal, minor and late-diagnosis matters. A foreign national should obtain a prescription calculation promptly rather than relying on the date they first learned that the RAF existed.

The RAF Claim Process Step by Step

1. Report the accident and obtain the police accident or case records.
2. Obtain treatment and have the prescribed medical report completed.
3. Collect identity, accident, medical, employment and dependency evidence.
4. Complete and lodge the prescribed claim at the RAF’s principal, branch or regional office, or with the relevant agent, by registered post or hand delivery.
5. Respond to validity objections and requests for further information.
6. Consider any properly supported settlement offer with legal advice.
7. If liability is repudiated or the offer is inadequate, issue summons in the competent court before prescription takes effect.

What the RAF May Compensate

Once eligibility and liability are established, a foreign national is assessed under the same statutory heads as other claimants. Depending on the evidence, these may include past or future loss of earnings, past or future medical and related treatment costs, loss of support in a fatal matter, and general damages for serious injury. Medical opinions, employment records, actuarial calculations and invoices determine value; nationality does not change the heads of damage.

Why an Attorney Is Practically Unavoidable

Section 19(c) excludes compensation where the claim has not been instituted and prosecuted by an attorney entitled to practise in South Africa or an authorised state representative. A claimant may help gather documents, but an attorney should control the statutory forms, prescription, medical evidence, settlement negotiations and any High Court litigation. Cross-border files also require careful handling of certified documents, translations, authority to act and payment instructions.

Where a Foreign-National RAF Claim Is Lodged and Litigated

The RAF is one national fund. Its Centurion head office is a practical Gauteng contact point, but the local Centurion Magistrate’s Court / Periodical Court should not be confused with the RAF’s administrative claims office. A disputed Gauteng claim is placed in the competent court for the accident and may proceed in the High Court of South Africa, Gauteng Division, Pretoria or the High Court of South Africa, Gauteng Division, Johannesburg, depending on the relevant jurisdiction. A local court or branch does not change the national statutory eligibility test.

If you are a foreign national, or are assisting a family member abroad after a South African motor-vehicle accident, Burger Huyser Attorneys can assess the RAF claim requirements and prescription position. Contact the Centurion branch on 012 644 4990 or after-hours 061 516 7117, or attend at Block 12, Unit 34, First Floor, Central Office Park, 257 Jean Avenue, Centurion, 0157. Alternative Gauteng contacts are Pretoria on 012 471 5700, Midrand on 010 022 4082, and Roodepoort on 011 668 0030. The firm’s general litigation practice is supported by a 4.8/5 average from 250+ Google reviews (Trustindex verified) and recognition including Commercial Law Firm of the Year 2025 – South Africa.

Frequently Asked Questions

Can a foreign visitor who is only on holiday in South Africa claim from the RAF if they are hit by a car?

Yes. A holiday visitor may claim if they are a qualifying third party injured in a motor-vehicle accident in South Africa and can prove the statutory injury, negligence, causation, loss and procedure requirements. Passport, visa and accident records will usually form part of the file.

What about a foreign national who is in South Africa without a valid visa — can they still claim?

Yes, immigration status alone does not exclude a qualifying claimant. In RAF v Mudawo and Others and RAF v Lyton and Others [2026] ZASCA 54, the Supreme Court of Appeal held that section 17(1) includes illegal foreigners and set aside an exclusionary directive and claim-form requirement. The other statutory requirements still apply.

What is the time limit to claim from the RAF as a foreign national?

The general period is three years from the cause of action where the owner or driver has been identified. A claim lodged under the RAF Act does not prescribe before five years, and section 24 ordinarily prevents summons before 120 days after lodgement unless liability is repudiated in writing.

Does the RAF pay out to a foreign national living abroad at the time of settlement?

Living outside South Africa at settlement does not, by itself, disqualify a valid claim arising from an accident in South Africa. The attorney and RAF must still verify identity, authority to receive payment and the practical banking or documentation requirements.

What does it cost to instruct an attorney for an RAF claim as a foreign national?

The cost depends on the file, work required and the written fee arrangement. Ask for a written cost agreement explaining the lodgement, medical, investigation and litigation stages, and whether a lawful contingency-fee arrangement is available.

Can the firm handle the claim if the claimant is currently outside South Africa?

Yes, a South African attorney can coordinate much of the file through written authority and certified documents, subject to confirming the claimant’s identity, medical evidence, authority to act and any authentication required for overseas documents.