APRAV raises alarm over RABS Bill's impact on road accident victims

IOL News

6 days ago

Ngoako Mohlaloga, deputy chairperson of APRAV, and Chairman Pieter de Bruyn addressed the media on what they deem the dangers of reintroducing the RABS Bill as a replacement for the RAF.
Image: Zelda Venter
The Association for the Protection of Road Accident Victims (APRAV) has voiced concern and strong opposition to the reintroduction of the Road Accident Benefits Scheme (RABS) Bill to Parliament, saying a broken system cannot be fixed by stripping away the rights of road accident victims.
'RABS is not reform; it is regression,' Ngoako Mohlaloga, APRAV's deputy chairperson, said on Wednesday.
He and the chairman of the association, Pieter de Bruyn, addressed the media during a briefing held in conjunction with the National Press Club on the 'flaws' of the proposed Bill.
APRAV's response follows the reintroduction of RABS by Transport Minister Barbara Creecy, a Bill previously rejected three times by Parliament due to its limitations, unaffordable structure, and impractical design.
Trade union Cosatu recently voiced its support for the Bill, which it called a progressive measure aimed at protecting the poor.
But De Bruyn, however, warns that it will do the opposite, and explains that it will deny victims access to justice, limit financial support, and overwhelm an already dysfunctional Road Accident Fund (RAF).
'This Bill offers less money, fewer rights, and no path to challenge the system when it fails you. If implemented, it will turn the RAF from a safety net into a bureaucratic trap,' he said.
In explaining how it will work, De Bruyn said under RABS, road accident victims will no longer receive once-off compensation. Instead, they will receive monthly annuities, regardless of the severity of injury or loss of income. These payments will be capped, and they will terminate immediately if the victim dies.
'You can't pay for trauma surgeries, prosthetics, or settle urgent debt with a few thousand rand a month. RABS shifts the financial burden to victims when they are at their most vulnerable,' De Bruyn said.
RABS also removes the right of victims to take their case to court or to access legal assistance.
The system places full administrative control in the hands of the RAF, leaving victims with no way to challenge underpayments, delays, or rejections. As it is based on a no-fault model, RABS ensures that even negligent or intoxicated drivers can qualify for compensation. It erases accountability and creates a system vulnerable to fraud, while victims receive reduced and delayed payouts, De Bruyn explained.
He added that RABS will also exclude children over 18 who lose a parent, elderly victims over the age of 60, and foreign nationals, as well as informal workers, caregivers, and those not formally employed.
APRAV calls this a system of exclusion — not protection. 'If your 19-year-old son depends on you and you're killed in a crash, he will get nothing,' Mohlaloga explained.
APRAV has, meanwhile, presented Parliament with a 10-point evidence-based action plan which it said requires minor practical changes to existing legislation.
It called for a transparent, public engagement process to determine what is in the best interests of road accident victims.
According to the government, the proposed RABS Bill aims to create a more efficient and equitable system for compensating victims of road accidents by focusing on social security principles rather than individual liability.
It also proposes that a new body be established to administer the scheme, replacing the current RAF.
The proposed RABS Bill has faced considerable opposition in the past, which has delayed its progress.
De Bruyn, however, said while APRAV wants the system to be fixed, the proposed Bill is not the answer. He proposed that the RAF should get back on track and settle claims rather than fighting for a law that has failed three times to pass muster.
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