Latest news with #RABS
The Star
4 days ago
- Politics
- The Star
Fierce backlash against proposed Road Accident Benefit Scheme Bill following RAF board dissolution
The Department of Transport's move to revive the long-rejected Road Accident Benefit Scheme (RABS) Bill has sparked concerns, following Minister Barbara Creecy's announcement that she has dissolved the Road Accident Fund (RAF) Board due to ongoing governance and operational failures. Creecy, who recently took over the transport portfolio, said the dissolution was necessary to stabilise the RAF and restore its ability to fulfil its mandate. She also confirmed the department's intention to finalise the Road Accident Benefits Scheme (RABS) Bill, a move that various organisations say is both undemocratic and dangerous. The department explained that the RABS Bill seeks to replace the current fault-based compensation model with a no-fault system, removing the need for costly legal processes. Civil society organisations, legal experts, and advocacy groups, many of whom have fought against the bill for years, have condemned its reintroduction. Among them is the Association for the Protection of Road Accident Victims (APRAV), which warned that pushing the bill forward again is a direct affront to democracy. 'Parliament has rejected RABS three times already,' said APRAV Deputy Chairperson and spokesperson Ngoako Mohlaloga. 'The continued attempt to revive it is either deliberate ignorance or a strategic attempt to bypass the will of the people.' APRAV Chairperson Pieter de Bruyn said the bill was rejected not only by lawmakers but also by road accident victims, legal professionals, disability rights groups, and medical experts. 'RABS would have stripped victims of their right to legal recourse, capped compensation, and imposed rigid limitations,' he said. 'It was unworkable and unjust, and its continued reappearance shows this is about pushing a political agenda, not real reform.' APRAV also pointed out that it led a two-year national consultation process that resulted in a credible and workable alternative to RABS, one that would fix the RAF without violating constitutional rights or collapsing the public purse. Legal expert Kirstie Haslam, a personal injury attorney and partner at DSC Attorneys, told Independent Media that the RABS Bill fails to tackle the real problems at the RAF, namely, poor management, inefficiency, and lack of accountability. 'RABS replaces a broken system with another flawed one,' Haslam said. 'It doesn't fix the root causes of RAF's dysfunction, and worse, it strips victims of access to justice by capping payouts and removing the right to claim for general damages.' She also added that the bill's attempt to limit legal oversight raises serious constitutional concerns and could face court challenges if passed in its current form. Haslam further highlighted troubling trends in the RAF's finances, which, although improved, have come at a cost. The RAF's 2023/2024 annual report shows the deficit has dropped from R8.43 billion to R1.59 billion, but partly due to reduced medical and loss-of-earnings payouts. Despite the tightening of spending, courts continue to issue significant awards. She revealed a series of recent payouts, such as in April, when a woman received over R4.6 million following the death of her husband in a motorcycle accident. That same month, another claimant, Seronica Nathram, was awarded nearly R3.9 million for injuries sustained in a crash. Another case involving the Road Accident Fund that commanded attention involved 16-year-old Ashwell Bernard Jones, where the Western Cape High Court awarded Jones just under R4,979,832 for future loss of earnings. He was only eight years old when he sustained a serious brain injury after being hit by a vehicle while riding his bicycle in Lavender Hill in 2017. The court ordered the RAF to cover all legal costs, including expert fees, travel expenses, and the possible appointment of a curator to manage the funds. The RAF was given 180 days to make payment, or interest will begin to accrue. While many groups remain opposed to the revival of RABS, the Congress of South African Trade Unions (COSATU) has backed the minister, calling the RAF a 'disaster site' with liabilities exceeding R400 billion. 'The RAF has become dysfunctional and has failed working-class South Africans for too long,' COSATU said in a statement. 'It's time for bold reform.' Responding to questions, the RAF Head of Corporate Communications, McIntosh Polela, said the RABS Bill is being revisited to address longstanding issues in the current RAF Act. 'The RABS Bill aims to reduce litigation, cut high administrative costs, and accelerate claim finalisation,' the fund said. 'It is part of a broader strategy led by the Department of Transport to ease the pressure on the courts and better serve road accident victims.' [email protected] Saturday Star
IOL News
4 days ago
- Politics
- IOL News
Fierce backlash against proposed Road Accident Benefit Scheme Bill following RAF board dissolution
Various organisations have raised significant concerns regarding the proposed finalisation of the Road Accident Benefit Scheme (RABS) Bill, especially following a crucial move by the Minister of Transport, Ms. Barbara Creecy, who has dissolved the Board of Directors of the Road Accident Fund (RAF). Various organisations have raised significant concerns regarding the proposed finalisation of the Road Accident Benefit Scheme (RABS) Bill, especially following a crucial move by the Minister of Transport, Ms. Barbara Creecy, who has dissolved the Board of Directors of the Road Accident Fund (RAF). The Department of Transport's move to revive the long-rejected Road Accident Benefit Scheme (RABS) Bill has sparked concerns, following Minister Barbara Creecy's announcement that she has dissolved the Road Accident Fund (RAF) Board due to ongoing governance and operational failures. Creecy, who recently took over the transport portfolio, said the dissolution was necessary to stabilise the RAF and restore its ability to fulfil its mandate. She also confirmed the department's intention to finalise the Road Accident Benefits Scheme (RABS) Bill, a move that various organisations say is both undemocratic and dangerous. The department explained that the RABS Bill seeks to replace the current fault-based compensation model with a no-fault system, removing the need for costly legal processes. Civil society organisations, legal experts, and advocacy groups, many of whom have fought against the bill for years, have condemned its reintroduction. Among them is the Association for the Protection of Road Accident Victims (APRAV), which warned that pushing the bill forward again is a direct affront to democracy. 'Parliament has rejected RABS three times already,' said APRAV Deputy Chairperson and spokesperson Ngoako Mohlaloga. 'The continued attempt to revive it is either deliberate ignorance or a strategic attempt to bypass the will of the people.' APRAV Chairperson Pieter de Bruyn said the bill was rejected not only by lawmakers but also by road accident victims, legal professionals, disability rights groups, and medical experts. 'RABS would have stripped victims of their right to legal recourse, capped compensation, and imposed rigid limitations,' he said. 'It was unworkable and unjust, and its continued reappearance shows this is about pushing a political agenda, not real reform.' APRAV also pointed out that it led a two-year national consultation process that resulted in a credible and workable alternative to RABS, one that would fix the RAF without violating constitutional rights or collapsing the public purse. Legal expert Kirstie Haslam, a personal injury attorney and partner at DSC Attorneys, told Independent Media that the RABS Bill fails to tackle the real problems at the RAF, namely, poor management, inefficiency, and lack of accountability. 'RABS replaces a broken system with another flawed one,' Haslam said. 'It doesn't fix the root causes of RAF's dysfunction, and worse, it strips victims of access to justice by capping payouts and removing the right to claim for general damages.' She also added that the bill's attempt to limit legal oversight raises serious constitutional concerns and could face court challenges if passed in its current form. Haslam further highlighted troubling trends in the RAF's finances, which, although improved, have come at a cost. The RAF's 2023/2024 annual report shows the deficit has dropped from R8.43 billion to R1.59 billion, but partly due to reduced medical and loss-of-earnings payouts. Despite the tightening of spending, courts continue to issue significant awards. She revealed a series of recent payouts, such as in April, when a woman received over R4.6 million following the death of her husband in a motorcycle accident. That same month, another claimant, Seronica Nathram, was awarded nearly R3.9 million for injuries sustained in a crash. Another case involving the Road Accident Fund that commanded attention involved 16-year-old Ashwell Bernard Jones, where the Western Cape High Court awarded Jones just under R4,979,832 for future loss of earnings. He was only eight years old when he sustained a serious brain injury after being hit by a vehicle while riding his bicycle in Lavender Hill in 2017. The court ordered the RAF to cover all legal costs, including expert fees, travel expenses, and the possible appointment of a curator to manage the funds. The RAF was given 180 days to make payment, or interest will begin to accrue. While many groups remain opposed to the revival of RABS, the Congress of South African Trade Unions (COSATU) has backed the minister, calling the RAF a 'disaster site' with liabilities exceeding R400 billion. 'The RAF has become dysfunctional and has failed working-class South Africans for too long,' COSATU said in a statement. 'It's time for bold reform.' Responding to questions, the RAF Head of Corporate Communications, McIntosh Polela, said the RABS Bill is being revisited to address longstanding issues in the current RAF Act. 'The RABS Bill aims to reduce litigation, cut high administrative costs, and accelerate claim finalisation,' the fund said. 'It is part of a broader strategy led by the Department of Transport to ease the pressure on the courts and better serve road accident victims.' Saturday Star
The Citizen
6 days ago
- Politics
- The Citizen
Reintroduction of Road Accident Benefit Scheme Bill ‘ill-advised'
Just execute the Road Accident Fund Act properly, says non-profit. If successful, 'administrative staff will decide on the compensation, which will only be paid monthly, with no provision for significant initial expenses'. Picture: iStock The Association for the Protection of Road Accident Victims (Aprav) has appealed to Transport Minister Barbara Creecy to stop her plans to reintroduce the Road Accident Benefit Scheme (RABS) Bill. When Creecy recently announced the disbandment of the Road Accident Fund (RAF) board, she confirmed her plans to revive the bill to establish a no-fault, defined benefit scheme, which, she said, will 'make it easier for road accident victims to access the benefits without costly legal bills'. Aprav is a non-profit organisation of professionals acting on behalf of road accident victims. It was established in 2014 and has long been opposed to the RABS Bill, which has been introduced to parliament multiple times without success. ALSO READ: Creecy dissolves RAF board amid governance and operational failures A 'Sandton bill' During a media briefing hosted by the National Press Club in Pretoria, Aprav deputy chair Ngoako Mohlaloga characterised the RABS Bill as a 'Sandton bill'. He said the proposed scheme had been devised in offices in Sandton by people who do not understand the challenges of the majority of poor South Africans who live in rural areas without proper transport and easy access to health facilities. Mohlaloga said road accident victims are victimised twice – first by the accident itself and then by the RAF system. This will become even worse if the RABS is introduced, he said. The RAF is currently in turmoil. There is no board, the CEO has been suspended, and the Special Investigation Unit is looking into the fund regarding allegations of corruption, maladministration, and financial losses. A massive backlog of claims is clogging court rolls due to a low settlement rate. ALSO READ: Outa welcomes dissolving of RAF board and cancelling of license card tender 'Every accident is different' In terms of the proposed scheme, the compensation for each class of injury is predetermined, 'but every accident is different, and the circumstances of victims are not the same', said Mohlaloga. He added that under the no-fault system, liability is not considered and rehabilitation will rely on the National Health Insurance (NHI). 'For RABS to work, the NHI must be fully operational.' For various reasons, this is not expected to be the case for many years. Mohlaloga explained that people living in villages do not have access to ambulances and there are often very few cars – 'and those that are there don't have petrol'. Any delay in getting to hospital reduces the chance of successful rehabilitation. He said the RABS Bill had previously been rejected by the Parliamentary Portfolio Committee on Transport because it was unaffordable and unconstitutional. The committee asked government to reconsider its revival. In 2022, the portfolio committee asked for proposals to resolve the RAF's challenges – and Aprav made extensive submissions. The organisation believes the current system will work if the RAF 'gets its house in order' and properly implements the existing law. Mohlaloga added that government's contingent liability concerning the RAF will not disappear with the introduction of the proposed scheme but will increase by 60%. (The contingent liability amounts to R368 billion in the budget tabled for 2025/26.) ALSO READ: RAF needs a Settlement Hub for crash victims – expert Context Aprav chair Pieter de Bruyn said every aspect of the RAF system has already been tested in court, which means there is a high degree of legal certainty. He said the majority of South Africans are too poor to pay for legal representation to get compensation in court, which prompted government to step in and provide a compensation system through the RAF. However, the RAF was created 30 years ago under vastly different conditions. The Satchwell Commission made several proposals to improve it years ago, but politicians weren't interested in acting on them. Aprav has, however, proposed a 10-point plan for a turnaround at the RAF to parliament and is asking Creecy to look at it rather than embark on another campaign to establish the RABS. De Bruyn said the campaign would waste another three or four years, and eventually fail. ALSO READ: RAF notice that saw claimants 'excluded' declared unconstitutional Poor will be excluded He added that to submit a claim, victims will have to send an e-mail and then submit an eight-page form 'that I find difficult' electronically. They will get feedback via SMS, and if it is rejected, they can appeal to the same body that initially rejected it. He said poor people without smartphones and Wi-Fi access will simply be excluded. If successful, administrative staff will decide on the compensation, which will lapse after 15 years. Compensation will only be paid monthly, with no provision for significant initial expenses such as operations. The scheme's monthly payments will be exponentially more than those the RAF is currently making, which will be a huge administrative challenge. As Mohlaloga puts it: 'The bill offers less money, fewer rights, and no path to challenge the system when it fails you.' This article was republished from Moneyweb. Read the original here.
IOL News
6 days ago
- Politics
- IOL News
APRAV raises alarm over RABS Bill's impact on road accident victims
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. [email protected]
Business Times
11-05-2025
- Automotive
- Business Times
SBS Transit to develop intelligent braking system for buses
[SINGAPORE] SBS Transit buses may soon be equipped with intelligent braking systems designed to reduce the sharp jolts that current emergency brakes may cause, the public transport company said in on Sunday (May 11). Known as the responsive and adaptive braking system (RABS), the system enables emergency brakes to decelerate more gradually and with greater control, unlike conventional emergency braking systems that lock when applied. 'This abrupt movement may cause passengers who are seated to be thrown forward while those who are standing to lose their balance – sometimes leading to injuries,' the statement noted. The company said that it had signed a memorandum of understanding in April with Chinese artificial intelligence of things leader Streamax, as well as Singapore-based surveillance provider TNT Surveillance, to develop RABS. Such a system would be the first of its kind for buses, the company noted. The system is scheduled for a pilot launch in the first half of 2026. SBS Transit said that as traffic is dynamic in nature, RABS will be able to constantly adapt its braking parameters in response to bus speed, congestion levels and weather or road conditions, to enable the driver to keep a safe distance. BT in your inbox Start and end each day with the latest news stories and analyses delivered straight to your inbox. Sign Up Sign Up RABS will use radar sensors and cameras to act as a 'co-pilot', monitoring the vehicle's surroundings continuously to detect hazards, such as a car swerving into the bus lane or a pedestrian stepping in front of the bus. 'The system will respond within 40 milliseconds, more than 35 times faster than the average human time,' SBS Transit said. This would prevent accidents while causing minimal disturbance to passengers, reducing the likelihood of them being thrown off balance or injured, it added. If a collision is unavoidable, the system would automatically moderate the braking force to reduce its impact, lowering injury risk and minimising damage to the vehicle. Real-time data will also be transmitted by RABS to bus operational control centres, through live video feeds, precise locations and incident details, SBS Transit said. This would enable its operations team to improve response times and situational awareness during incidents. SBS Transit has increasingly tapped technology to enhance safety systems in recent years, with RABS joining existing systems such as the dashboard-mounted fatigue detector Golden Eye and a 360-degree collision warning system. 'RABS will work in tandem with existing systems, reinforcing our ongoing commitment to leveraging smart technologies to enhance safety for our bus captains and passengers alike,' the company added. Jeffrey Sim, group chief executive of SBS Transit, said: 'We continually invest in technologies to elevate safety standards – not just for ourselves, but also across the public transport industry.'
