How Long is the Prescription Period for RAF in South Africa?

The prescription period for a Road Accident Fund (RAF) claim in South Africa is three years from the date the cause of action arose, governed by section 11 of the Prescription Act 68 of 1969 as read with the Road Accident Fund Act 56 of 1996. The three-year period typically runs from the date of the accident, or from the date the claim could first be instituted if the injury only manifests later. It is interrupted by issuing summons against the Fund, or by the RAF responding in writing to acknowledge the debt. For children, prescription does not run during minority, and for identified-driver claims the operating principles differ from the section 19 procedure that governs claims against unidentified drivers.

The Statutory Framework: Prescription Act Read With the RAF Act

Two statutes frame every prescription analysis in an RAF matter. The Prescription Act 68 of 1969 sets the general three-year period for civil claims; section 11(d) fixes the period at three years once the debt is due — and a claim under the RAF Act is a “debt” for these purposes once the cause of action has arisen. The Road Accident Fund Act 56 of 1996 creates the Fund and the scheme for compensating victims of motor-vehicle accidents, but does not displace the Prescription Act: RAF claims are subject to the same three-year rule, with the date the cause of action arose as the starting trigger.

Earlier commentary refers to a “two-year limitation” under the original RAF Act. That position no longer reflects the law: the 2005 RAF Amendment Act and the current Prescription Act regime have superseded it, and the three-year period is the correct starting point.

Snapshot of the framework

Legislative source	Provision	Effect on RAF claims
Prescription Act 68 of 1969	Section 11(d)	Three-year prescription period from date the debt is due
Road Accident Fund Act 56 of 1996	Sections 17 and 19	Creates the cause of action; section 19 imposes a two-year filing rule for unidentified-driver claims
Constitution of the Republic of South Africa, 1996	Section 34	Right of access to courts; sparingly used to soften prescription where its application would be unreasonable

When the Three-Year Clock Starts

The default starting point is the date of the accident — the date the cause of action arose. Where an injury only manifests later (for example, a whiplash that becomes symptomatic weeks after the collision, or a traumatic brain injury that is not diagnosed immediately) the period runs from the date the claim could first be instituted, not the date of the collision. This “date of knowledge” formulation is fact-sensitive and must be pleaded with care.

For children injured in motor-vehicle accidents, prescription does not run during minority — the claimant effectively has until their 21st birthday to issue summons. For persons under curatorship, prescription does not run while the curatorship subsists.

Identified-Driver vs Unidentified-Driver Claims

Where the driver is identified, the ordinary three-year rule applies and the claimant issues summons within three years of the accident.

Unidentified-driver claims (hit-and-run) follow a separate gating mechanism in section 19 of the RAF Act. Within two years of the accident, the claimant must:

1. Report the accident to the South African Police Service.
2. Submit a sworn affidavit (the “section 19 affidavit”) setting out the particulars of the accident and the failure to identify the driver.
3. Lodge the claim with the RAF in the prescribed form.

Failure to comply with section 19 can defeat the claim even within the ordinary three-year Prescription Act period. Once the section 19 mechanism has been properly invoked, the verified claim is then subject to the same three-year period from the date the cause of action arose.

What Interrupts or Suspends Prescription

Prescription is not a passive timer. The running of the three-year period can be interrupted under the Prescription Act, and an RAF claim can remain viable beyond the three-year mark if the interruption is properly triggered.

Act	Effect
Issue and serve summons on the Fund within the three-year period (section 15(1))	Stops the period running; a fresh three-year period runs from the date summons is issued
Written acknowledgement of debt by the RAF (section 10)	Interrupts prescription from the date of acknowledgement; a fresh three-year period runs from that date
Payment on account by the RAF (e.g. interim undertaking for past loss of earnings)	Treated as an acknowledgement of the underlying debt; interrupts prescription
Written agreement to extend prescription (section 4)	The parties may, in writing after the debt has arisen, extend the period

Informal settlement negotiations do not interrupt prescription. A long-running exchange of correspondence that contains no written acknowledgement of debt leaves the clock running.

The Doctrinal Wrinkle: When the RAF Itself Causes the Delay

Recent post-2020 High Court authority has confirmed a defence that goes to the substance of prescription rather than its mechanics. Where delays in finalising a claim are caused by the Fund’s own conduct — repeated postponements, administrative backlogs, or failures to engage with properly lodged claims — the High Court has held that the RAF cannot rely on prescription as a defence.

This reasoning draws on the line of authority developed in Social Assistance Act matters. The Makgati v Road Accident Fund line (Polokwane High Court, 2025) is illustrative of how these arguments are being canvassed in contemporary pleadings. This is a substantive defence that must be pleaded and proved on the facts of the specific file — not an automatic exemption, and the evidentiary burden on the claimant is real.

Common Pitfalls and Practical Risk

1. Missing the section 19 two-year filing step in a hit-and-run claim. Most failures are a missed police affidavit within the two-year window — once closed, the gating requirement is gone.
2. Treating the date of the accident as invariably the trigger date. Where the injury only manifests later, the operative date may be later — but the factual matrix must be pleaded carefully, supported by medical evidence.
3. Assuming a settlement negotiation “pauses” prescription. Informal negotiations do not interrupt prescription unless there is a written acknowledgement of debt.
4. Filing a claim form without issuing summons within the three-year period. Lodgement is a critical administrative step but does not interrupt prescription — summons is what matters.
5. Overlooking the minor’s extension. A parent who fails to issue summons before the child’s 21st birthday can still lose the claim.

Frequently Asked Questions

Is the RAF prescription period three years or two years?

The Prescription Act 68 of 1969 sets the period at three years from the date the cause of action arose. Earlier references to a two-year period under the original RAF Act have been superseded by the 2005 Amendment Act and the current Prescription Act regime.

When does the three-year period start running?

The default trigger is the date of the accident. Where the injury only manifests later, the period runs from the date the claim could first be instituted. For children, prescription does not run during minority.

Does issuing a claim form to the RAF interrupt prescription?

No. Lodgement of a claim form is an administrative step required by the RAF Act but it does not interrupt prescription under the Prescription Act. Summons must be issued and served on the Fund within the three-year period to interrupt prescription.

What is the special rule for hit-and-run claims (unidentified drivers)?

Section 19 of the RAF Act requires the claimant to report the accident to the South African Police Service and submit a section 19 affidavit within two years, and to lodge the claim with the RAF in the prescribed form. Failure to comply can defeat the claim even within the three-year Prescription Act period.

Can the RAF be prevented from relying on prescription if it caused the delay?

Yes. The High Court has held that the RAF cannot rely on prescription where the delay was caused by the Fund’s own conduct. This is a substantive defence that must be pleaded and proved on the facts of the specific file.

Does prescription run against a child who is injured in a motor-vehicle accident?

No. Prescription does not run against a minor; the three-year period begins only when the child turns 18, giving the claimant effectively until their 21st birthday to issue summons.

If you have been injured in a motor-vehicle accident and want to confirm whether your RAF claim is still within the prescription period, Burger Huyser Attorneys’ general litigation practice can take the matter through an initial assessment. The firm is led on RAF and MVA work by Director Nadine Roesch-Prinsloo, whose specialisation includes MVA claims and insurance repudiations, and can be reached at the Linden/Randburg head office on 011 888 0246, or at any of the Gauteng branches. Initial consultations flag the prescription position, the section 19 mechanics (if it is a hit-and-run matter), and the practical next steps — bring the accident report, the RAF claim reference number if any, and any correspondence from the Fund to the first meeting.