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ROAD ACCIDENT FUND ACT
NO. 56 OF 1996
[ASSENTED TO 24 OCTOBER, 1996]
[DATE OF COMMENCEMENT: 1 MAY, 1997]
(Unless otherwise indicated)
(English text signed by the President)
as amended by
Road Accident Fund Amendment Act, No. 15 of 2001
Revenue Laws Amendment Act, No. 19 of 2001
[with effect from 27 July, 2001]
Road Accident Fund Amendment Act, No. 43 of 2002
Road Accident Fund Amendment Act, No. 19 of 2005
Revenue Laws Amendment Act, No. 31 of 2005
[with effect from 1 February, 2006, unless otherwise indicated]
proposed amendment by
Road Accident Fund Amendment Act, No. 19 of 2005
(provisions not yet proclaimed)
ACT
To provide for the establishment of the Road Accident Fund; and to provide for
matters connected therewith.
ARRANGEMENT OF SECTIONS
1.
2.
3.
4.
5.
Definitions
Establishment of Fund
Object of Fund
Powers and functions of Fund
Financing of Fund
2
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
Schedule
1.
Financial year of and budgeting for Fund
Use of resources and facilities of Fund
Appointment of agents for Fund
Co-operation with other institutions
Board of Fund
Powers and functions of Board, and procedure
Chief Executive Officer and staff
Annual report
Financial control
Legal status of and proceedings by Fund, and limitation of certain liability
Exemption from taxation
Liability of Fund and agents
Liability limited in certain cases
Liability excluded in certain cases
Presumptions regarding driving of motor vehicle
Claim for compensation lies against Fund or agent only
Submission of information to Fund, agent and third party
Prescription of claim
Procedure
Right of recourse of Fund or agent
Regulations
Repeal and amendment of laws
Savings
Short title and commencement
Part I
Part II
Definitions.—In this Act, unless the context otherwise indicates—
“agent” means an agent of the Fund appointed under section 8;
“Board” means the Board of the Fund referred to in section 10;
“Chief Executive Officer” means the Chief Executive Officer of the Fund referred to in
section 12;
“convey”, in relation to the conveyance of a person in or on a motor vehicle, includes—
(a)
entering or mounting the motor vehicle concerned for the purpose of being so
conveyed; and
(b)
alighting from the motor vehicle concerned after having been so conveyed;
“driver” means the driver referred to in section 17 (1);
“fuel” . . . . . .
[Definition of “fuel” deleted by s. 125 (1) of Act No. 31 of 2005.]
“Fund” means the Road Accident Fund established by section 2 (1);
“lift club” means any club of which—
(a)
every member shall have a turn to convey or cause to be conveyed by means
of a motor car the members of such a club or other persons designated by such
members to or from or to and from specified places for a specified purpose; or
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(b)
every member is the owner of a motor car and of which one or some of its
members shall by means of a motor car of which he or she is the owner or they
are the owners, as the case may be, convey or cause to be conveyed the
members of such lift club or other persons designated by such members to or
from a specific place for a specific purpose;
“Minister” means the Minister of Transport;
“motor car” means a motor vehicle designed or adapted for the conveyance of not more
than 10 persons, including the driver;
“motor vehicle” means any vehicle designed or adapted for propulsion or haulage on a
road by means of fuel, gas or electricity, including a trailer, a caravan, an agricultural or any
other implement designed or adapted to be drawn by such motor vehicle;
“owner”, in relation to—
(a)
a motor vehicle which a motor dealer has in his or her possession during the
course of his or her business and which may in terms of any law relating to the
licensing of motor vehicles not be driven or used on a public road except under
the authority of a motor dealer’s license of which the motor dealer concerned is
the holder, means that motor dealer;
(b)
a motor vehicle which has been received for delivery by a motor transport
license holder in the course of his or her business of delivering new motor
vehicles and which has not yet been delivered by him or her, means that motor
transport license holder;
(c)
a motor vehicle which is the subject of an instalment sale transaction, means
the purchaser in the instalment sale transaction concerned;
(d)
a motor vehicle under an agreement of lease for a period of at least 12 months,
means the lessee concerned;
“prescribe” means prescribe by regulation under section 26;
“reward”, in relation to the conveyance of any person in or on a motor vehicle, does not
include any reward rendering such conveyance illegal in terms of any law relating to the
control of road transportation services;
“third party” means the third party referred to in section 17 (1);
“this Act” includes any regulation made under section 26.
2. Establishment of Fund.—(1) There is hereby established a juristic person to be
known as the Road Accident Fund.
(2) (a) Subject to section 28 (1), the Multilateral Motor Vehicle Accidents Fund
established by the Agreement concluded between the Contracting Parties on 14 February
1989, shall cease to exist, and all money credited to that fund immediately before the
commencement of this Act shall vest in the Fund, all assets, liabilities, rights and obligations,
existing as well as accruing, of the first-mentioned fund shall devolve upon the Fund, and any
reference in any law or document to the said Multilateral Motor Vehicle Accidents Fund shall,
unless clearly inappropriate, be construed as a reference to the Fund.
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(b) No moneys, duties or fees of office shall be payable by the Fund in respect of any
noting or endorsement or any other written alteration which may be necessary in any
contract, licence, register or other document by virtue of paragraph (a).
3. Object of Fund.—The object of the Fund shall be the payment of compensation in
accordance with this Act for loss or damage wrongfully caused by the driving of motor
vehicles.
4. Powers and functions of Fund.—(1) The powers and functions of the Fund shall
include—
(a)
the stipulation of the terms and conditions upon which claims for the
compensation contemplated in section 3, shall be administered;
(b)
the investigation and settling, subject to this Act, of claims arising from loss or
damage caused by the driving of a motor vehicle whether or not the identity of
the owner or the driver thereof, or the identity of both the owner and the driver
thereof, has been established;
(c)
the management and utilisation of the money of the Fund for purposes
connected with or resulting from the exercise of its powers or the performance
of his duties; and
(d)
procuring re-insurance for any risk undertaken by the Fund under this Act.
(2) In order to achieve its object. the Fund may—
(a)
purchase or otherwise acquire goods, equipment, land, buildings, shares,
debentures, stock, securities and all other kinds of movable and immovable
property;
(b)
sell, lease, mortgage, encumber, dispose of, exchange, cultivate, develop, build
upon, improve or in any other way deal with its property;
(c)
invest any money not immediately required for the conduct of its business and
realise, alter or re-invest such investments or otherwise deal with such money
or investments;
(d)
borrow money and secure the payment thereof in such manner as it may deem
fit;
(e)
make donations for research in connection with any matter relating to injuries
sustained in motor vehicle accidents on such conditions as it may deem
advisable;
(f)
draw, draft, accept, endorse, discount, sign and issue promissory notes, bills
and other negotiable or transferable instruments, excluding share certificates;
(g)
5
take any other action or steps which are incidental or conducive to the exercise
of its powers or the performance of its functions;
(h)
make financial contributions to road safety projects and programmes approved
by the Minister;
[Para. (h) added by s. 1 of Act No. 15 of 2001.]
(i)
conclude any agreement with any person for the performance of any particular
act or particular work or the rendering of particular services contemplated in
this Act.
[Para. (i) added by s. 1 (a) of Act No. 19 of 2005.]
(3) In the exercising of the powers conferred on it by this Act, the Fund may deal with
any person, partnership, association, company, corporation or other juristic person wherever
seated.
(4) (a) The Fund may conclude an agreement with any other organ of State regarding
any matter provided for in this Act in order to improve or ensure—
(i)
the effective management of the Fund;
(ii)
the efficiency of the Fund;
(iii)
co-ordination of functions;
(iv)
co-operative governance contemplated in Chapter 3 of the Constitution.
(b) The Minister shall, by notice in the Gazette, publish a summary of the terms of
any agreement concluded under paragraph (a).
[Sub-s. (4) added by s. 1 (b) of Act No. 19 of 2005.]
5. Financing of Fund.—(1) The Fund shall procure the funds it requires to perform its
functions—
(a)
by way of a Road Accident Fund levy as contemplated in the Customs and
Excise Act, 1964; and
[Para. (a) substituted by s. 126 (1) (a) of Act No. 31 of 2005.]
(b)
by raising loans.
(2) The Road Accident Fund levy paid into the National Revenue Fund in terms of the
provisions of section 47 (1) of the Customs and Excise Act, 1964, less any amount of such
levy refunded under that Act, is a direct charge against the National Revenue Fund for the
credit of the Fund.
[Sub-s. (2) substituted by s. 126 (1) (b) of Act No. 31 of 2005.]
(3) . . . . . .
[Sub-s. (3) added by s. 74 of Act No. 19 of 2001 and deleted by s. 126 (1) (c) of Act No. 31
of 2005.]
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6. Financial year of and budgeting for Fund.—(1) The financial year of the Fund
shall run from 1 April of any year to 31 March of the following year.
[Sub-s. (1) substituted by s. 2 of Act No. 19 of 2005.]
(2) The Chief Executive Officer shall annually prepare a budget for the Fund for
consideration by the Board, and the Board shall submit the budget to the Minister for
approval.
7. Use of resources and facilities of Fund.—The resources and facilities of the Fund
shall be used exclusively to achieve, exercise and perform the object, powers and functions of
the Fund, respectively.
8. Appointment of agents for Fund.—(1) The Board may appoint agents, who shall
have power—
(a)
to investigate and to settle on behalf of the Fund the prescribed claims,
contemplated in section 17 (1), arising from the driving of a motor vehicle in a
case where the identity of either the owner or the driver thereof has been
established; or
(b)
to commence, conduct, defend or abandon legal proceedings in connection with
such claims.
(2) The Fund shall guarantee or insure the obligations of agents arising from the
application of this Act.
(3) The Fund shall cause the names of agents and the claims in respect of which they
are liable to be published in the Gazette.
9. Co-operation with other institutions.—(1) The Minister may, upon the
recommendation of the Board, co-operate and enter into agreements with any public or
private institution in respect of the reciprocal recognition of compulsory motor vehicle
insurance or compulsory motor vehicle accidents compensation.
(2) An agreement with any public or private institution contemplated in subsection (1)
shall be signed by the Minister on behalf of the Fund.
10.
Board of Fund.—(1) There shall be a Board of the Fund, constituted as follows:
(a)
The Director-General: Transport or any other senior officer in the Department
of Transport, designated by him or her; and
[Para. (a) substituted by s. 1 (a) of Act No. 43 of 2002 and by s. 3 (b) of Act No. 19 of
2005.]
(b)
at least 8, but not more than 12, members appointed by the Minister, who may
not be in the full-time employment of any government, and who shall each
command extensive experience in one or more of the fields of insurance,
finance, medical service provision, law, accounting and actuarial science, or in
matters relating to disabled persons, road users, commuters’ or consumers’
interests.
[Para. (b) substituted by s. 1 (b) of Act No. 43 of 2002 and by s. 3 (b) of Act No. 19 of
2005.]
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(2) Subject to this section, a member of the Board shall—
(a)
declare any interest relating to the functions, duties and obligations of the Fund
or its agents in terms of this Act, and such a member shall not vote in respect
of any decision of the Board in so far as he or she has such an interest therein;
(b)
at all times act in the best interest of the Fund;
(c)
hold office for a period of three years as from the date of appointment of such
member and may, subject to nomination contemplated in subsection (9), be
reappointed for further terms of office not exceeding three years at a time,
provided that such a member may not serve for more than three consecutive
terms of office.
[Para. (c) substituted by s. 3 (c) of Act No. 19 of 2005.]
(3) The Minister may remove a member of the Board referred to in subsection (1) (b)
from office if there is sufficient reason to do so.
(4) Only a member of the Board referred to in section (1) (b) shall, subject to
subsection (2) (a), have a vote on any matter before the Board.
[Sub-s. (4) substituted by s. 3 (d) of Act No. 19 of 2005.]
(5) The Chief Executive Officer may attend the meetings of the Board, but has no vote.
(6) The Minister shall appoint two of the members of the Board as Chairperson and
Vice-Chairperson, respectively;
[Sub-s. (6) substituted by s. 3 (e) of Act No. 19 of 2005.]
(7) The Chairperson, or in his or her absence, the Vice-Chairperson, shall at all times
preside at meetings of the Board.
[Sub-s. (7) substituted by s. 3 (e) of Act No. 19 of 2005.]
(8) . . . . . .
[Sub-s. (8) deleted by s. 3 ( f ) of Act No. 19 of 2005.]
(9) Whenever it is necessary to appoint a member referred to in subsection (1) (b) to
the Board, but subject to subsection (10), the Minister shall—
(a)
by notice in the Gazette and the national news media, invite persons or bodies
who have an interest in the operations of the Fund to nominate persons who
comply with the criteria mentioned in subsection (1) (b);
(b)
so publish a list of nominees received in response to such invitation, which list
shall include the names of the relevant nominators.
[Sub-s. (9) amended by s. 1 (c) of Act No. 43 of 2002 and substituted by s. 3 (g) of Act No.
19 of 2005.]
(9A) The Minister shall cause the name of a member appointed under subsection
(1) (b), or reappointed under subsection (2) (c), together with such member’s area of
expertise, to be published in the Gazette.
[Sub-s. (9A) inserted by s. 3 (h) of Act No. 19 of 2005.]
8
(10) Whenever a position on the Board becomes vacant before the expiry of the term
of office referred to in subsection (2) (c), the Minister may appoint any other competent
person, as contemplated in subsection (1) (b), to serve for the unexpired portion of the term
of office of the previous member irrespective of when the vacancy occurs.
[S. 10 amended by s. 3 (a) of Act No. 19 of 2005. Sub-s. (10) added by s. 1 (d) of Act No.
43 of 2002.]
(Date of commencement of s. 10: 21 April, 1996.)
11. Powers and functions of Board, and procedure.—(1) The Board shall, subject
to the powers of the Minister, exercise overall authority and control over the financial position,
operation and management of the Fund, and may inter alia—
(a)
make recommendations to the Minister in respect of—
(i)
the annual budget of the Fund;
(ii)
any amendment of this Act;
(iii)
the entering into an agreement with any institution referred to in section 9;
(iv)
......
[Sub-para. (iv) deleted by s. 4 of Act No. 19 of 2005.]
(v)
any regulation to be made under this Act;
(b)
terminate the appointment of any agent and determine the conditions on which
such appointment is effected or terminated;
(c)
approve the appointment, determination of conditions of employment and
dismissal by the Chief Executive Officer of staff of the Fund on management
level;
(d)
approve internal rules and directions in respect of the management of the
Fund;
(e)
approve loans made or given by the Fund;
(f)
approve donations for research in connection with any matter regarding injuries
sustained in motor vehicle accidents;
(g)
determine guidelines in relation to the investment of the money of the Fund;
and
(h)
delegate or assign to the Chief Executive Officer and any member of the staff of
the Fund any power or duty of the Board as it may deem fit, but shall not be
9
divested of any power or duty so delegated or assigned, and may amend or
withdraw any decision made by virtue of such delegation or assignment.
(2) The Board may as often as it deems necessary, but shall at least once during a
financial year, or when requested by the Minister to do so, report to the Minister regarding
matters dealt with during that year or as requested by the Minister.
(3) A quorum for any meeting of the Board shall be a majority of its voting members.
(4) The Board shall meet as often as the business of the Fund may require.
(5) (a) The member of the Board referred to in section 10 (1) (a) shall be reimbursed
by the Fund for all reasonable expenses incurred in attending meetings of the Board.
(b) Members of the Board referred to in section 10 (1) (b) shall be remunerated by
the Fund for services rendered as such members and reimbursed for all reasonable expenses
incurred in attending meetings of the Board: Provided that the Chairperson of the Board may
receive such higher remuneration than that of the other members, as may be determined by
the Board.
(6) (a) Resolutions of the Board shall, whenever practicable, be taken on the basis of
consensus.
(b) If consensus cannot be reached and except where otherwise expressly provided,
all matters before the Board shall be decided by a majority of the votes cast.
12. Chief Executive Officer and staff.—(1) (a) The Minister shall upon the
recommendation of the Board, appoint the Chief Executive Officer of the Fund on such terms
and conditions of employment as the Board may determine.
[Para. (a) substituted by s. 5 (a) of Act No. 19 of 2005.]
(b) The Chief Executive Officer shall be a person who is suitably qualified and
experienced to manage the day to day affairs of the Fund.
[Para. (b) substituted by s. 5 (b) of Act No. 19 of 2005.]
(2) Subject to the directions of the Board, the Chief Executive Officer shall conduct the
current business of the Fund, and he or she may—
(a)
exercise the powers and shall perform the functions of the Fund mentioned in
section (4) (1) (b), (c) and (d), (2) and (3);
(b)
appoint, determine the conditions of employment of and dismiss the staff of the
Fund, excluding members of staff on management level;
(c)
draft internal rules and directions in respect of the management of the Fund
and make recommendations in respect thereof to the Board;
(d)
enter into an agreement with any person for the rendering of a particular
service related to the management of the Fund or its functions;
(e)
issue guidelines to agents regarding the manner in which claims should be
administered by them on behalf of the Fund; and
(f)
exercise such powers and shall perform such duties as may be delegated and
assigned to him or her by the Board under section 11 (1) (h).
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13.
Annual report.—(1) The Board shall publish an annual report containing—
(a)
the audited balance sheet of the Fund together with a report by the auditor,
contemplated in section 14, in respect of such audit; and
(b)
a report on the activities of the Fund during the year to which the audit relates.
(2) The Minister shall lay upon the Table in Parliament a copy of the annual report
within 30 days after receipt thereof if Parliament is then in session, or, if Parliament is not
then in session, within 30 days after the commencement of its next ensuing session.
14. Financial control.—(1) The Fund shall keep proper records of all its financial
transactions and its assets and liabilities.
(2) (a) The accounts of the Fund shall be audited annually by the Auditor-General
appointed in terms of section 2 of the Auditor-General Act, 1989 (Act No. 52 of 1989), in
accordance with the said Act and with such other laws as may be referred to in that Act.
(b) The Auditor-General shall submit to the Board copies of any report referred to in
section 6 of the Auditor-General Act, 1989.
(3) The Financial Services Board established by section 2 of the Financial Services
Board Act, 1990 (Act No. 97 of 1990), shall—
(a)
exercise financial supervision over the Fund in accordance with the Financial
Supervision of the Road Accident Fund Act, 1993 (Act No. 8 of 1993), and with
such other laws as may be referred to in that Act;
(b)
submit copies of any reports on the business of the Fund compiled by that
Board in terms of the provisions of the Financial Supervision of the Road
Accident Fund Act, 1993, to the Board of the Fund; and
(c)
consult with the Minister prior to the making of regulations under section 5 of
the Financial Supervision of the Road Accident Fund Act, 1993.
15. Legal status of and proceedings by Fund, and limitation of certain liability.—
(1) The Fund may—
(a)
institute or defend legal proceedings; and
(b)
commence, conduct, defend or abandon legal proceedings in connection with
claims investigated and settled by it.
(2) An action to enforce a claim against the Fund or an agent may be brought in any
competent court within whose area of jurisdiction the occurrence which caused the injury or
death took place.
(3) No member of the Board or officer or employee of the Fund, or other person
performing work for the Fund, shall be liable for anything done in good faith in the exercise of
his or her powers or the performance of his or her functions or duties under or in terms of this
Act.
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16. Exemption from taxation.—(1) (a) The Fund, its assets, property, income and its
operation and transactions shall be exempt from all taxation, or the Fund shall be refunded all
taxation paid by it, as the case may be.
(b) The Fund shall be exempt from—
(i)
all customs, excise and stamp duties; and
(ii)
liability for payment, withholding or collecting of any tax or duty.
(2) Goods which have been acquired or imported free from customs or excise duty by
the Fund shall not be sold, hired out or otherwise disposed of unless authority has been
obtained in advance and any necessary duties and taxes paid.
(3) Notwithstanding subsection (1), the Fund shall not claim exemption from taxes
which are no more than charges for public utility services.
17.
Liability of Fund and agents.—(1) The Fund or an agent shall—
(a)
subject to this Act, in the case of a claim for compensation under this section
arising from the driving of a motor vehicle where the identity of the owner or
the driver thereof has been established;
(b)
subject to any regulation made under section 26, in the case of a claim for
compensation under this section arising from the driving of a motor vehicle
where the identity of neither the owner nor the driver thereof has been
established,
be obliged to compensate any person (the third party) for any loss or damage which the third
party has suffered as a result of any bodily injury to himself or herself or the death of or any
bodily injury to any other person, caused by or arising from the driving of a motor vehicle by
any person at any place within the Republic, if the injury or death is due to the negligence or
other wrongful act of the driver or of the owner of the motor vehicle or of his or her employee
in the performance of the employee’s duties as employee: Provided that the obligation of the
Fund to compensate a third party for non-pecuniary loss shall be limited to compensation for a
serious injury as contemplated in subsection (1A) and shall be paid by way of a lump sum.
(1A) (a) Assessment of a serious injury shall be based on a prescribed method
adopted after consultation with medical service providers and shall be reasonable in ensuring
that injuries are assessed in relation to the circumstances of the third party.
(b) The assessment shall be carried out by a medical practitioner registered as such
under the Health Professions Act, 1974 (Act No. 56 of 1974).
(3) (a) No interest calculated on the amount of any compensation which a court
awards to any third party by virtue of the provisions of subsection (1) shall be payable unless
14 days have elapsed from the date of the court’s relevant order.
(b) In issuing any order as to costs on making such award, the court may take into
consideration any written offer, including a written offer without prejudice in the course of
settlement negotiations, in settlement of the claim concerned, made by the Fund or an agent
before the relevant summons was served.
(4) Where a claim for compensation under subsection (1)—
(a)
includes a claim for the costs of the future accommodation of any person in a
hospital or nursing home or treatment of or rendering of a service or supplying
12
of goods to him or her, the Fund or an agent shall be entitled, after furnishing
the third party concerned with an undertaking to that effect or a competent
court has directed the Fund or the agent to furnish such undertaking, to
compensate—
(i)
the third party in respect of the said costs after the costs have been
incurred and on proof thereof; or
(ii)
the provider of such service or treatment directly, notwithstanding section
19 (c) or (d),
in accordance with the tariff contemplated in subsection (4B);
(b)
includes a claim for future loss of income or support, the amount payable by
the Fund or the agent shall be paid by way of a lump sum or in instalments as
agreed upon;
(c)
includes a claim for loss of income or support, the annual loss, irrespective of
the actual loss, shall be proportionately calculated to an amount not
exceeding—
(i)
R160 000 per year in the case of a claim for loss of income; and
(ii)
R160 000 per year, in respect of each deceased breadwinner, in the case of
a claim for loss of support.
(4A) (a) The Fund shall, by notice in the Gazette, adjust the amounts referred to in
subsection (4) (c) quarterly, in order to counter the effect of inflation.
(b) In respect of any claim for loss of income or support the amounts adjusted in
terms of paragraph (a) shall be the amounts set out in the last notice issued prior to the date
on which the cause of action arose.
(4B) (a) The liability of the Fund or an agent regarding any tariff contemplated in
subsections (4) (a), (5) and (6) shall be based on the tariffs for health services provided by
public health establishments contemplated in the National Health Act, 2003 (Act No. 61 of
2003), and shall be prescribed after consultation with the Minister of Health.
(b) The tariff for emergency medical treatment provided by a health care provider
contemplated in the National Health Act, 2003—
(i)
shall be negotiated between the Fund and such health care providers; and
(ii)
shall be reasonable taking into account factors such as the cost of such
treatment and the ability of the Fund to pay.
(c) In the absence of a tariff for emergency medical treatment the tariffs
contemplated in paragraph (a) shall apply.
(5) Where a third party is entitled to compensation in terms of this section and has
incurred costs in respect of accommodation of himself or herself or any other person in a
hospital or nursing home or the treatment of or any service rendered or goods supplied to
himself or herself or any other person, the person who provided the accommodation or
treatment or rendered the service or supplied the goods (the supplier) may, notwithstanding
13
section 19 (c) or (d), claim an amount in accordance with the tariff contemplated in subsection
(4B) direct from the Fund or an agent on a prescribed form, and such claim shall be subject,
mutatis mutandis, to the provisions applicable to the claim of the third party concerned, and
may not exceed the amount which the third party could, but for this subsection, have
recovered.
(6) The Fund, or an agent with the approval of the Fund, may make an interim
payment to the third party out of the amount to be awarded in terms of subsection (1) to the
third party in respect of medical costs, in accordance with the tariff contemplated in
subsection (4B), loss of income and loss of support: Provided that the Fund or such agent
shall, notwithstanding anything to the contrary in any law contained, only be liable to make an
interim payment in so far as such costs have already been incurred and any such losses have
already been suffered.
[S. 17 substituted by s. 6 of Act No. 19 of 2005.]
18.
Liability limited in certain cases.—(1) . . . . . .
[Sub-s. (1) deleted by s. 7 (a) of Act No. 19 of 2005.]
(2) Without derogating from any liability of the Fund or an agent to pay costs awarded
against it or such agent in any legal proceedings, where the loss or damage contemplated in
section 17 is suffered as a result of bodily injury to or death of any person who, at the time of
the occurrence which caused that injury or death, was being conveyed in or on the motor
vehicle concerned and who was an employee of the driver or owner of that motor vehicle and
the third party is entitled to compensation under the Compensation for Occupational Injuries
and Diseases Act, 1993 (Act No. 130 of 1993), in respect of such injury or death—
(a)
the liability of the Fund or such agent, in respect of the bodily injury to or death
of any one such employee, shall be limited in total to the amount representing
the difference between the amount which that third party could, but for this
paragraph, have claimed from the Fund or such agent and any lesser amount
to which that third party is entitled by way of compensation under the said Act;
and
[Para. (a) substituted by s. 7 (b) of Act No. 19 of 2005.]
(b)
the Fund or such agent shall not be liable under the said Act for the amount of
the compensation to which any such third party is entitled thereunder.
(3) Without derogating from any liability of the Fund or an agent to pay costs awarded
against it or such agent in any legal proceedings, where the loss or damage contemplated in
section 17 is suffered as a result of bodily injury to or death of a member of the South African
National Defence Force, other than a person referred to in subsection (2), and the third party
is entitled to compensation under the Defence Act, 1957, or another Act of Parliament
governing the said Force in respect of such injury or death—
(a)
the liability of the Fund or such agent. in respect of the bodily injury to or death
of any such member or the said Force, shall be limited in total to the amount
representing the difference between the amount which that third party could,
but for this paragraph, have claimed from the Fund or such agent and any
lesser amount to which that third party is entitled by way of compensation
under the said Defence Act or the said other Act; and
(b)
14
the Fund or such agent shall not be liable under the said Defence Act or the
said other Act for the amount of the compensation to which any such third
party is entitled thereunder.
(4) The liability of the Fund or an agent to compensate a third party for any loss or
damage contemplated in section 17 which is the result of the death of any person shall in
respect of funeral expenses be limited to the necessary actual costs to cremate the deceased
or to inter him or her in a grave.
19. Liability excluded in certain cases.—The Fund or an agent shall not be obliged to
compensate any person in terms of section 17 for any loss or damage—
(a)
for which neither the driver nor the owner of the motor vehicle concerned
would have been liable but for section 21; or
(b)
......
[Para. (b) deleted by s. 8 (a) of Act No. 19 of 2005.]
(c)
if the claim concerned has not been instituted and prosecuted by the third
party, or on behalf of the third party by—
(i)
any person entitled to practise as an attorney within the Republic; or
(ii)
any person who is in the service, or who is a representative of the state or
government or a provincial, territorial or local authority; or
(d)
where the third party has entered into an agreement with any person other
than the one referred to in paragraph (c) (i) or (ii) in accordance with which the
third party has undertaken to pay such person after settlement of the claim—
(i)
a portion of the compensation in respect of the claim; or
(ii)
any amount in respect of an investigation or of a service rendered in
respect of the handling of the claim otherwise than on instruction from the
person contemplated in paragraph (c) (i) or (ii); or
(e)
suffered as a result of bodily injury to any person who—
(i)
unreasonably refuses or fails to subject himself or herself, at the request
and cost of the Fund or such agent, to any medical examination or
examinations by medical practitioners designated by the Fund or agent;
(ii)
refuses or fails to furnish the Fund or such agent, at its or the agent’s
request and cost, with copies of all medical reports in his or her possession
that relate to the relevant claim for compensation; or
(iii)
15
refuses or fails to allow the Fund or such agent at its or the agent’s request
to inspect all records relating to himself or herself that are in the
possession of any hospital or his or her medical practitioner;
(f)
if the third party refuses or fails—
(i)
to submit to the Fund or such agent, together with his or her claim form as
prescribed or within a reasonable period thereafter and if he or she is in a
position to do so, an affidavit in which particulars of the accident that gave
rise to the claim concerned are fully set out; or
(ii)
to furnish the Fund or such agent with copies of all statements and
documents relating to the accident that gave rise to the claim concerned,
within a reasonable period after having come into possession thereof; or
[Sub-para. (ii) amended by s. 8 (b) of Act No. 19 of 2005.]
(g)
suffered as a result of an emotional shock sustained by that person when that
person witnessed or observed or was informed of the bodily injury or the death
of another person as a result of the driving of a motor vehicle.
[Para. (g) added by s. 8 (b) of Act No. 19 of 2005.]
20. Presumptions regarding driving of motor vehicle.—(1) For the purposes of this
Act a motor vehicle which is being propelled by any mechanical, animal or human power or by
gravity or momentum shall be deemed to be driven by the person in control of the vehicle.
(2) For the purposes of this Act a person who has placed or left a motor vehicle at any
place shall be deemed to be driving that motor vehicle while it moves from that place as a
result of gravity, or while it is stationary at that place or at a place to which it moved from the
first-mentioned place as a result of gravity.
(3) Whenever any motor vehicle has been placed or left at any place, it shall, for the
purposes of this Act, be presumed, until the contrary is proved, that such vehicle was placed
or left at such place by the owner of such vehicle.
21. Abolition of certain common law claims.—(1) No claim for compensation in
respect of loss or damage resulting from bodily injury to or the death of any person caused by
or arising from the driving of a motor vehicle shall lie—
(a)
against the owner or driver of a motor vehicle; or
(b)
against the employer of the driver.
(2) Subsection (1) does not apply—
(a)
if the Fund or an agent is unable to pay any compensation; or
(b)
to an action for compensation in respect of loss or damage resulting from
emotional shock sustained by a person, other than a third party, when that
person witnessed or observed or was informed of the bodily injury or the death
of another person as a result of the driving of a motor vehicle.
[S. 21 substituted by s. 9 of Act No. 19 of 2005.]
16
22. Submission of information to Fund, agent and third party.—(1) (a) When, as
a result of the driving of a motor vehicle, any person other than the driver of that motor
vehicle has been killed or injured, the owner and the driver, if the driver is not the owner, of
the motor vehicle shall, if reasonably possible within 14 days after the occurrence, furnish the
Fund on the prescribed form with particulars of the occurrence together with the prescribed
statements, and the Fund shall furnish such information to the agent who in terms of section 8
is responsible for any claim arising from the occurrence.
(b) Whenever the question arises whether it was reasonably possible to furnish the
Fund with the information contemplated in paragraph (a) within 14 days after the occurrence,
the onus of proving that it was not reasonably possible to do so shall be on the person who in
terms of that paragraph must so furnish the information.
(2) The agent or the Fund shall within a reasonable period after the third party has
complied with the requirements contemplated in section 19 ( f ) (i), furnish the third party or
his or her agent with a copy of the information and statements which the owner or driver
furnished in terms of subsection (1), together with all statements which were or are obtained
from witnesses to the accident.
23. Prescription of claim.—(1) Notwithstanding anything to the contrary in any law
contained, but subject to subsections (2) and (3), the right to claim compensation under
section 17 from the Fund or an agent in respect of loss or damage arising from the driving of a
motor vehicle in the case where the identity of either the driver or the owner thereof has been
established, shall become prescribed upon the expiry of a period of three years from the date
upon which the cause of action arose.
(2) Prescription of a claim for compensation referred to in subsection (1) shall not run
against—
(a)
a minor;
(b)
any person detained as a patient in terms of any mental health legislation; or
(c)
a person under curatorship.
(3) Notwithstanding subsection (1), no claim which has been lodged in terms of section
17 (4) (a) or 24 shall prescribe before the expiry of a period of five years from the date on
which the cause of action arose.
[Sub-s. (3) substituted by s. 10 of Act No. 19 of 2005.]
(4) Notwithstanding section 36 of the Compensation for Occupational Injuries and
Diseases Act, 1993 (Act No. 130 of 1993), any right under subsection (1) (b) of that section to
recover an amount which under the said Act is required to be paid to a third party in
circumstances other than those mentioned in section 18 (2) of this Act shall for the purposes
of subsections (1) and (3) be deemed to he a right to claim compensation under section 17 of
this Act arising on the same date as the cause of action of such third party under the said
section 17: Provided that if the recovery of any such amount has been debarred by virtue of
this subsection, any compensation thereafter awarded to the third party under this Act shall
be reduced by the amount concerned.
(5) Notwithstanding section 149ter of the Defence Act, 1957 (Act No. 44 of 1957), or
of a similarly worded section of another Act of Parliament governing the South African National
Defence Force, any right under the said sections to recover an amount which under the said
legislation is required to be paid to a third party in circumstances other than those mentioned
in section 18 (3), shall for the purposes of subsections (1) and (3) be deemed to be a right to
claim compensation under section 17 of this Act arising on the same date as the cause of
action of such third party under the said section 17: Provided that if the recovery of any such
17
amount has been debarred by virtue of this subsection, any compensation thereafter awarded
to the third party under this Act shall be reduced by the amount concerned.
24. Procedure.—(1) A claim for compensation and accompanying medical report under
section 17 (1) shall—
(a)
be set out in the prescribed form, which shall be completed in all its particulars;
(b)
be sent by registered post or delivered by hand to the Fund at its principal,
branch or regional office, or to the agent who in terms of section 8 must handle
the claim, at the agent’s registered office or local branch office, and the Fund or
such agent shall at the time of delivery by hand acknowledge receipt thereof
and the date of such receipt in writing.
(2) (a) The medical report shall be completed on the prescribed form by the medical
practitioner who treated the deceased or injured person for the bodily injuries sustained in the
accident from which the claim arises, or by the superintendent (or his or her representative) of
the hospital where the deceased or injured person was treated for such bodily injuries:
Provided that, if the medical practitioner or superintendent (or his or her representative)
concerned fails to complete the medical report on request within a reasonable time and it
appears that as a result of the passage of time the claim concerned may become prescribed,
the medical report may be completed by another medical practitioner who has fully satisfied
himself or herself regarding the cause of the death or the nature and treatment of the bodily
injuries in respect of which the claim is made.
(b) Where a person is killed outright in a motor vehicle accident the completion of
the medical report shall not be a requirement, but in such a case the form referred to in
subsection (1) (a) shall be accompanied by documentary proof, such as a copy of the relevant
inquest record or, in the case of a prosecution of the person who allegedly caused the
deceased’s death, a copy of the relevant charge sheet from which it can clearly be determined
that such person’s death resulted from the accident to which the claim relates.
(3) A claim by a supplier for the payment of expenses in terms of section 17 (5) shall
be in the prescribed form, and the provisions of this section shall apply mutatis mutandis in
respect of the completion of such form.
(4) (a) Any form referred to in this section which is not completed in all its particulars
shall not be acceptable as a claim under this Act.
(b) A clear reply shall be given to each question contained in the form referred to in
subsection (1), and if a question is not applicable, the words “not applicable” shall be inserted.
(c) A form on which ticks, dashes, deletions and alterations have been made that are
not confirmed by a signature shall not be regarded as properly completed.
(d) Precise details shall be given in respect of each item under the heading
“Compensation claimed” and shall, where applicable, be accompanied by supporting vouchers.
(5) If the Fund or the agent does not, within 60 days from the date on which a claim
was sent by registered post or delivered by hand to the Fund or such agent as contemplated in
subsection (1), object to the validity thereof, the claim shall be deemed to be valid in law in all
respects.
(6) No claim shall be enforceable by legal proceedings commenced by a summons
served on the Fund or an agent—
(a)
before the expiry of a period of 120 days from the date on which the claim was
sent or delivered by hand to the Fund or the agent as contemplated in
subsection (1); and
18
(b)
before all requirements contemplated in section 19 ( f ) have been complied
with:
Provided that if the Fund or the agent repudiates in writing liability for the claim before the
expiry of the said period, the third party may at any time after such repudiation serve
summons on the Fund or the agent, as the case may be.
25. Right of recourse of Fund or agent.—(1) When the Fund or an agent has paid
any compensation in terms of section 17 the Fund or agent may, subject to subsections (2)
and (3), without having obtained a formal cession of the right of action, recover from the
owner of the motor vehicle concerned or from any person whose negligence or other wrongful
act caused the loss or damage concerned, so much of the amount paid by way of
compensation as the third party concerned could, but for the provisions of section 21, have
recovered from the owner or from such person if the Fund or agent had not paid any such
compensation.
(2) The Fund’s or agent’s right of recourse against the owner of a motor vehicle under
subsection (1) shall only be applicable in any case where the motor vehicle at the time of the
accident which gave rise to the payment of the compensation was being driven—
(a)
by a person other than the owner and the driver was under the influence of
intoxicating liquor or of a drug to such a degree that his or her condition was
the sole cause of such accident and the owner allowed the driver to drive the
motor vehicle knowing that the driver was under the influence of intoxicating
liquor or of a drug; or
(b)
by a person other than the owner without the driver holding a licence issued
under any law governing the licensing of drivers of motor vehicles which the
driver was required to hold, or the driver, being the holder of a learner’s or
other restricted licence issued under such law, failed, while he or she was so
driving the motor vehicle, to comply with the requirements or conditions of
such learner’s or restricted licence. and the owner allowed the driver to drive
the motor vehicle knowing that the driver did not hold such a licence or that
the driver failed to comply with the requirements or conditions of a learner’s or
restricted licence, as the case may be; or
(c)
by the owner and he or she was under the influence of intoxicating liquor or of
a drug to such a degree that his or her condition was the sole cause of such
accident; or
(d)
by the owner without holding a licence issued under any law governing the
licensing of drivers of motor vehicles, which he or she was required to hold, or
the owner, being the holder of a learner’s or other restricted licence issued
under such law, failed, while he or she was so driving the motor vehicle, to
comply with the requirements or conditions of such learner’s or restricted
licence; or
(e)
by the owner and he or she failed to comply with any requirement
contemplated in section 22 (1) with reference to the said accident, or knowingly
furnished the Fund or the agent with false information relating to such accident
and the Fund or agent was materially prejudiced by such failure or by the
furnishing of such false information, as the case may be.
19
(3) The provisions of subsection (2) (c), (d) and (e) shall apply mutatis mutandis in
respect of any right of recourse by the Fund or the agent against any person who, at the time
of the accident which gave rise to the payment of the compensation, was driving the motor
vehicle concerned with or without the consent of its owner.
26. Regulations.—(1) The Minister may make regulations regarding any matter that
shall or may be prescribed in terms of this Act or which it is necessary or expedient to
prescribe in order to achieve or promote the object of this Act.
(1A) Without derogating from the generality of subsection (1), the Minister may make
regulations regarding—
(a)
the method of assessment to determine whether, for purposes of section 17, a
serious injury has been incurred;
(b)
injuries which are, for the purposes of section 17, not regarded as serious
injuries;
(c)
the resolution of disputes arising from any matter provided for in this Act.
(1B) Any regulation made under subsection (1A) (a) or (b) must be made after
consultation with the Minister of Health.
(2) Any regulation contemplated in subsection (1) or (1A) may for any contravention of
or failure to comply with its provisions or the provisions of this Act, provide for penalties of a
fine or imprisonment for a period not exceeding three months.
[S. 26 substituted by s. 11 of Act No. 19 of 2005.]
27.
Repeal and amendment of laws.—(1) Subject to section 28—
(a)
the laws mentioned in Part I of the Schedule are hereby repealed; and
(b)
all laws, including proclamations and decrees, which amended the laws
mentioned in Part I of the Schedule are hereby repealed in so far as they so
amended those laws.
(2) The Financial Supervision of the Multilateral Motor Vehicle Accidents Fund Act, 1993
(Act No. 8 of 1993), is hereby amended as indicated in Part II of the Schedule.
28. Savings.—(1) Notwithstanding section 2 (2), this Act shall not apply in relation to a
claim for compensation in respect of which the occurrence concerned took place prior to the
commencement of this Act in terms of a law repealed by section 27, and any such claim shall
be dealt with as if this Act had not been passed.
(2) The repeal of any law by section 27 shall not affect—
(a)
the previous operation of such law or anything duly done or permitted under
such law; or
(b)
any right, privilege, obligation or liability acquired, accrued or incurred under
such law; or
(c)
20
any penalty, forfeiture or punishment incurred in respect of any offence
committed in terms of such law; or
(d)
any investigation, legal proceeding or remedy in respect of any such right,
privilege, obligation, liability, penalty, forfeiture or punishment,
and any such investigation, legal proceeding or remedy may be instituted, continued or
enforced, and any such penalty, forfeiture or punishment may be imposed, as if this Act had
not been passed.
29. Short title and commencement.—This Act shall be called the Road Accident Fund
Act, 1996, and shall come into operation on a date fixed by the President by proclamation in
the Gazette, except section 10, which shall be deemed to have come into operation on 21 April
1996.
Schedule
PART I
No. and year of Law
Short Title
Act No. 32 of 1980
Compulsory Motor Vehicle Insurance Act, 1980 (Bophuthatswana)
Act No. 28 of 1986
Motor Vehicle Accidents Act, 1986 (Ciskei)
Act No. 84 of 1986
Motor Vehicle Accidents Act, 1986
Decree No. 9 of 1988
Decree No. 9 (Motor Vehicle Accidents) of 1988 (Transkei)
Act No. 5 of 1989
Multilateral Motor Vehicle Accidents Fund Act, 1989
(Bophuthatswana)
Act No. 7 of 1989
Multilateral Motor Vehicle Accidents Fund Act, 1989 (Venda)
Decree No. 9 of 1989
Decree No. 9 (Multilateral Motor Vehicle Accidents Fund) of 1989
(Transkei)
Act No. 17 of 1989
Multilateral Motor Vehicle Accidents Fund Act, 1989 (Ciskei)
Act No. 93 of 1989
Multilateral Motor Vehicle Accidents Fund Act, 1989
PART II
Amends the Financial Supervision of the Multilateral Motor Vehicle Accidents Fund Act, No. 8
of 1993, as follows:—paragraph (a) substitutes the long title; paragraph (b) amends section 1
by substituting the definition of “Fund”; and paragraph (c) substitutes section 6.
ROAD ACCIDENT FUND AMENDMENT ACT
NO. 15 OF 2001
[ASSENTED TO 13 JULY, 2001]
[DATE OF COMMENCEMENT: 18 JULY, 2001]
(English text signed by the Acting President)
This Act was published in Government Gazette 22481 dated 18 July, 2001.
21
ACT
To amend the Road Accident Fund Act, 1996, so as to authorise the Fund to make
financial contributions to road safety projects and programmes approved by the
Minister; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—
1. Amends section 4 (2) of the Road Accident Fund Act, No. 56 of 1996, by adding
paragraph (h).
2.
Short title.—This Act is called the Road Accident Fund Amendment Act, 2001.
REVENUE LAWS AMENDMENT ACT
NO. 19 OF 2001
[ASSENTED TO 26 JULY, 2001]
[DATE OF COMMENCEMENT: 27 JULY, 2001]
(Unless otherwise indicated)
(English text signed by the President)
This Act has been updated to Government Gazette 29604 dated 7 February, 2007.
as amended by
Second Revenue Laws Amendment Act, No. 60 of 2001
Taxation Laws Amendment Act, No. 30 of 2002
Revenue Laws Amendment Act, No. 74 of 2002
Revenue Laws Second Amendment Act, No. 21 of 2006
ACT
To amend the Estate Duty Act, 1955, so as to further regulate the valuation of
property for purposes of inclusion and deduction purposes; to amend the Income
Tax Act, 1962, so as to fix the rates of normal tax payable by persons other than
companies in respect of taxable incomes for the years of assessment ending on 28
February 2002 and 30 June 2002, and by companies in respect of taxable incomes
for the years of assessment ending during the period of 12 months ending on 31
March 2002; to amend the definition of “gross income” so as to avoid a double
inclusion of an amount therein; to regulate the tax treatment of pension funds where
employees are transferred from a local authority to a municipal entity; to take
capital gains into account in the formula used for determining the rate at which
special remuneration or lump sum payments must be taxed; to increase the primary
rebate for individuals; to further regulate the recoupment provisions in respect of
any distribution of an asset to a shareholder; to amend the definition of “foreign
dividend” to exclude certain amounts; to increase the amount of dividends and
interest which are exempt from tax; to provide for the deduction of pre-production
interest in respect of certain depreciable assets; to provide for a scrapping
22
allowance in respect of certain depreciable assets; to provide for the deduction of an
amount invested by a small business corporation in certain manufacturing assets; to
provide for an allowance in respect of investments in certain aircraft hangars,
aprons, runways and taxiways; to provide for an additional industrial investment
allowance in respect of qualifying strategic industrial projects; to further regulate
the deduction in respect of buildings used in a process of manufacturing; to regulate
the treatment of certain income of non-resident trusts; to further regulate the
taxation of long-term insurers; to further regulate the limitation on trading activities
of a public benefit organisation; to further regulate electronic communication with
the Commissioner; to provide for the payment of employees’ tax by directors of
private companies; to increase the provisional tax threshold; to further regulate the
provisions relating to the taxation of capital gains; and to provide for certain
consequential and textual amendments; to amend the Customs and Excise Act, 1964,
so as to provide that requirements in respect of any report listing and describing
cargo carried by or loaded on to any ship, aircraft, railway train or other vehicle and
any outturn report to be submitted to the Controller may be prescribed by rule; to
provide for the removal of goods in bond by a licensed remover; to provide for the
removal of goods for export by a licensed remover; to reduce the period for which
goods may be stored in a customs and excise warehouse from five years to two
years; to make provision that the Commissioner may determine by rule the time
when excisable goods or fuel levy goods manufactured in the Republic shall be
entered or deemed to be entered for home consumption and the payment of duty on
such goods, restrict the licensing of customs and excise storage warehouses, cancel
the licence of any existing storage warehouse and allow any imported goods to be
mixed with locally produced excisable or fuel levy goods of the same class or kind in
a customs and excise warehouse on payment of any difference of duty; to provide
that goods so used shall be subject to the duties leviable and the manufacturing,
accounting and removal procedures prescribed in terms of excisable or fuel levy
goods manufactured in such warehouse; to provide further for provisions that
regulate the removal of goods from a customs and excise warehouse; to provide that
export bills of entry must be delivered before the goods are exported or at such
times and in the circumstances provided by rule; to provide that imported goods
may be delivered by the master, pilot or other carrier, container operator or depot
operator to certain persons licensed or registered on compliance with such
conditions or procedures as may be prescribed by rule and when liability for duty
shall cease in respect of such goods; to insert a new section which provides for
procedures relating to the registration of persons participating in activities regulated
by the Act and the refusal of any application for registration and the suspension or
cancellation of a registration and matters incidental thereto; to further regulate
provisions relating to licensing; to provide for the activities for which a licence is
required, the persons who are required to licence, the procedures and other
requirements to be prescribed in the Notes, to the item in Schedule No. 8 in which
such licence is specified and in the rules, and to specify the circumstances in which
the Commissioner may refuse an application for a new licence or renewal of a
licence or cancel or suspend a licence; to further provide for requirements in respect
of the licensing of clearing agents; to provide for the licensing of a remover of goods
in bond, the goods which are to be removed by such licensed remover, the
application for such licence, the liability of the remover of goods in bond and other
persons in respect of any goods removed or carried by the remover and matters
incidental thereto; to confer accredited client status on any applicant who is licensed
or registered under the Act; to prescribe the requirements in respect of such status
and matters incidental thereto; to introduce an invoice price basis of valuation for
excise duty purposes in respect of goods manufactured in the Republic and specified
in certain items of Section B of Part 2 of Schedule No. 1; to provide for a refund of
fuel levy on distillate fuel and the levy leviable on diesel in terms of the Road
Accident Fund Act, 1996, and to provide for matters connected therewith; to further
regulate certain provisions in respect of which deductions are allowed from the
dutiable quantities and to limit such deductions to quantities not exceeding these
specified in each case; to regulate electronic communication for the purposes of
23
customs and excise procedures and to provide for matters connected therewith; to
amend Schedule No. 1 to the said Act and the effective date thereof; and to provide
for the continuation of amendments to the Schedules; to amend the Stamp Duties
Act, 1968, so as to remove stamp duties on bills of exchange and promissory notes,
bills of entry, securities and suretyships; to further regulate the stamp duties on
debit entries; and to provide for certain consequential and textual amendments; to
amend the Value-Added Tax Act, 1991, so as to further define certain expressions
and to simplify and revise the provisions relating to the supply of accommodation; to
enable the Commissioner to publish the name and registration numbers of vendors;
to regulate the VAT consequences on the transfer of all assets and liabilities of a
disestablished local authority to a new local authority so as to ensure that it will not
constitute a supply subject to VAT when the consolidation of their accounting
systems takes place; to regulate the exemption in respect of dwellings in the case of
employers and local authorities who supply staff accommodation, to make it clear
that any officer under the Commissioner’s control, direction or supervision may be
authorised to collect VAT on importation of goods; to make provision for a flat rate
scheme in certain circumstances for small scale farmers; to prevent claims for
refunds of certain amounts of VAT after five years; to make it an offence not to issue
a tax invoice to a recipient as required by the Act; and to make allowance for the
addition of small quantities of minerals, vitamins and similar additives to increase
the nutritional value of maize meal and milk; to amend the Road Accident Funds Act,
1996, so as to provide for a refund by the Road Accident Fund of certain levies
leviable in terms of that Act; to amend the Uncertificated Securities Tax Act, 1998,
so as to provide for an exemption in respect of a change in beneficial ownership in
securities which are interest bearing debentures listed by a financial exchange; to
amend the Skills Development Levies Act, 1999, so as to regulate the period during
which certain information must be submitted by the Commissioner to the Director
General of Labour; and to further regulate the court’s jurisdiction in respect of
offences; to amend the Taxation Laws Amendment Act, 2000, so as to remove the
requirement that the Commissioner must approve a benefit fund; to amend the
Taxation Laws Amendment Act, 2001, so as to delete an amendment proposed in
that Act; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—
1. Amends section 5 of the Estate Duty Act, No. 45 of 1955, as follows:—paragraph (a)
substitutes the words preceding subsection (1) (a); paragraph (b) substitutes the words
preceding subsection (1) ( f ) (i); paragraph (c) substitutes the words preceding subsection
(1) ( f )bis (i); paragraph (d) substitutes the words preceding the proviso in subsection (1)
(g); and paragraph (e) substitutes the words preceding the second proviso and the proviso in
subsection (2).
2. Fixing of rates of normal tax in terms of Act 58 of 1962.—The rates of normal
tax to be levied in terms of section 5 (2) of the Income Tax Act, 1962, in respect of—
(a)
the taxable income of any person other than a company for the year of
assessment ending on 28 February 2002 or 30 June 2002; and
(b)
the taxable income of any company for any year of assessment ending during
the period of 12 months ending on 31 March 2002,
shall be set out in Schedule 1 to this Act.
3. Amends section 1 of the Income Tax Act, No. 58 of 1962, as follows:—paragraph (a)
substitutes the words preceding paragraph (e) (i) of the definition of “gross income”; and
paragraph (b) substitutes paragraph (a) of the definition of “pension fund”.
24
4.
Amends section 3 of the Income Tax Act, No. 58 of 1962, by substituting subsection
(4).
5. (1) Amends section 5 (10) of the Income Tax Act, No. 58 of 1962, by substituting
paragraph (g).
(2) Subsection (1) shall come into operation on 1 October 2001 and shall apply in
respect of years of assessment ending on or after that date.
6. Amends section 6 (2) of the Income Tax Act, No. 58 of 1962, as follows:—paragraph
(a) substitutes the expression “R3 800” with the expression “R4 140” in paragraph (a); and
paragraph (b) substitutes the expression “R2 900” with the expression “R3 000” in paragraph
(b).
7. Amends section 8 (4) of the Income Tax Act, No. 58 of 1962, as follows:—paragraph
(a) substitutes paragraph (e) (i); paragraph (b) adds the word “or” to paragraph (e) (iv);
paragraph (c) adds paragraph (e) (v); paragraph (d) substitutes paragraph (e) (aa);
paragraph (e) adds the word “or ” at the end of paragraph (e) (bb) (D); paragraph ( f ) adds
paragraph (e) (bb) (E); paragraph (g) substitutes paragraph (k); and paragraph (h) inserts
paragraph (n).
8. (1) Amends section 9E of the Income Tax Act, No. 58 of 1962, by substituting the
words preceding the proviso of the definition of “foreign dividend” in subsection (1) (a).
(2) Subsection (1) shall come into operation on the date of promulgation of this Act.
9. Amends section 10 (1) of the Income Tax Act, No. 58 of 1962, as follows:—paragraph
(a) substitutes paragraph (gC) (ii); paragraph (b) substitutes the expression “R4 000” with the
expression “R5 000” in paragraph (i) (xv) (aa); and paragraph (c) substitutes the expression
“R3 000” with the expression “R 4000” in paragraph (i) (xv) (bb).
10. (1) Amends section 11 of the Income Tax Act, No. 58 of 1962, as follows:—
paragraph (a) substitutes paragraph (bA); paragraph (b) substitutes paragraph (o) (vi);
paragraph (c) adds paragraph (o) (vii); paragraph (d) substitutes the words following
paragraph (o) (vi) but preceding the proviso; and paragraph (e) substitutes paragraphs (i)
and (ii) of the proviso to paragraph (o).
(2) (a) Subsection (1) (a) shall—
(i)
in so far as its adds the reference to any pipeline, transmission line or cable or
railway line contemplated in section 12D, be deemed to have come into
operation on 23 February 2000; and
(ii)
in so far as its adds the reference to any aircraft hangar, apron, runway or
taxiway contemplated in section 12F, be deemed to have come into operation
on 1 April 2001;
(b) Subsection (1) (b) shall in so far as it changes the paragraph number, be
deemed to have come into operation on 23 February 2000, and insofar it adds the word “or”
shall be deemed to have come into operation on 1 April 2001.
(c) Subsection (1) (c), (d) and (e) shall be deemed to have come into operation on 1
April 2001.
11. (1) Amends section 12C (1) of the Income Tax Act, No. 58 of 1962, by substituting
paragraph (a).
25
(2) Subsection (1) shall be deemed to have come into operation on 1 April 2001.
12.
Inserts sections 12E, 12F and 12G in the Income Tax Act, No. 58 of 1962.
13. Amends section 13 (1) of the Income Tax Act, No. 58 of 1962, by inserting
paragraph (dA).
14. (1) Amends section 25B of the Income Tax Act, No. 58 of 1962, as follows:—
paragraph (a) substitutes subsection (1); paragraph (b) substitutes subsection (2A) (a) and
(b); and paragraph (c) substitutes subsection (3).
(2) Subsection (1) (b) and (c) shall be deemed to have come into operation on 1
January 2001.
15. (1) Amends section 29A of the Income Tax Act, No. 58 of 1962, by substituting
subsection (11A).
(2) Subsection (1) shall apply in respect of years of assessment commencing on or
after 1 January 2002.
16. (1) Amends section 30 (3) (b) (iv) (aa) of the Income Tax Act, No. 58 of 1962, by
substituting the words preceding sub-item (A).
(2) Subsection (1) shall come into operation on the date that section 30 of the Income
Tax Act, 1962, comes into operation.
17. Amends section 66 of the Income Tax Act, No. 58 of 1962, by inserting subsections
(7C), (7D) and (7E).
18. Amends section 75 (1) of the Income Tax Act, No. 58 of 1962, as follows:—
paragraph (a) adds the words “or” at the end of paragraph (h); and paragraph (b) inserts
paragraph (i).
19. (1) Amends paragraph 1 of Fourth Schedule to the Income Tax Act, No. 58 of 1962,
as follows:—paragraph (a) deletes the word “and ” at the end of paragraph (e) of the
definition of “employee”; paragraph (b) adds the word “and ” at the end of paragraph ( f ) of
the definition of “employee”; paragraph (c) adds paragraph (g) to the definition of
“employee”; paragraph (d) inserts the definition of “month”; and paragraph (e) deletes item
(vii) of the definition of “remuneration”.
(2) Subsection (1) shall come into operation on 1 March 2002.
20. (1) Amends paragraph 2 of the Fourth Schedule to the Income Tax Act, No. 58 of
1962, by deleting subparagraph (3).
(2) Subsection (1) shall come into operation on 1 March 2002.
21. (1) Amends paragraph 9 of the Fourth Schedule to the Income Tax Act, No. 58 of
1962, as follows:—paragraph (a) substitutes subparagraph (1); and paragraph (b) adds
subparagraph (5).
(2) Subsection (1) shall come into operation on 1 March 2002.
22.
1962.
(1) Inserts paragraph 11C in the Fourth Schedule to the Income Tax Act, No. 58 of
(2) Subsection (1) shall come into operation on 1 March 2002.
26
23. (1) Amends paragraph 13 of the Fourth Schedule to the Income Tax Act, No. 58 of
1962, by substituting subparagraph (1).
(2) Subsection (1) shall come into operation on 1 March 2002.
24. Amends paragraph 18 (1) of the Fourth Schedule to the Income Tax Act, No. 58 of
1962, as follows:—paragraph (a) substitutes the expression “R1 000” with the expression
“R2 000” in item (a); and paragraph (b) substitutes the expression “R50 000” with the
expression “R80 000”in item (d) (i).
25. (1) Amends paragraph 2 of the Eighth Schedule to the Income Tax Act, No. 58 of
1962, by substituting subparagraph (2).
(2) Subsection (1) shall come into operation on 1 October 2001.
26. (1) Amends paragraph 20 of the Eighth Schedule to the Income Tax Act, No. 58 of
1962, as follows:—paragraph (a) substitutes subparagraph (1) (c) (viii) and (ix); paragraph
(b) substitutes the words preceding subparagraph (1) (g) (i); paragraph (c) substitutes
subparagraph (1) (h) (i) and (ii); paragraph (d) substitutes the words following subparagraph
(1) (h) (iv); paragraph (e) substitutes the words preceding subparagraph (2) (a); paragraph
( f ) deletes the word “and” at the end of subparagraph (2) (a); paragraph (g) adds the word
“and” at the end of subparagraph (2) (b); paragraph (h) inserts subparagraph (2) (c); and
paragraph (i) substitutes the words preceding subparagraph (3) (a).
(2) Subsection (1) shall come into operation on 1 October 2001.
27. (1) Amends paragraph 23 (a) of the Eighth Schedule to the Income Tax Act, No. 58
of 1962, by substituting sub-item (iii).
(2) Subsection (1) shall come into operation on 1 October 2001.
28. (1) Amends paragraph 32 (3) of the Eighth Schedule to the Income Tax Act, No. 58
of 1962, by substituting the words preceding item (a).
(2) Subsection (1) shall come into operation on 1 October 2001.
29. (1) Amends paragraph 45 of the Eighth Schedule to the Income Tax Act, No. 58 of
1962, by substituting subparagraph (2).
(2) Subsection (1) shall come into operation on 1 October 2001.
30. (1) Amends paragraph 46 of the Eighth Schedule to the Income Tax Act, No. 58 of
1962, by substituting item (b).
(2) Subsection (1) shall come into operation on 1 October 2001.
31. Amends paragraph 55 of the Eighth Schedule to the Income Tax Act, No. 58 of
1962, as follows:—paragraph (a) substitutes the words preceding item (a); paragraph (b)
substitutes the words preceding item (a) (i); and paragraph (c) adds subparagraph (2).
32. (1) Amends paragraph 60 (2) of the Eighth Schedule to the Income Tax Act, No. 58
of 1962, by substituting item (b).
(2) Subsection (1) shall come into operation on 1 October 2001.
33. (1) Amends paragraph 66 (1) of the Eighth Schedule to the Income Tax Act, No. 58
of 1962, by substituting item (a).
(2) Subsection (1) shall come into operation on 1 October 2001.
27
34. Amends paragraph 84 (4) of the Eighth Schedule to the Income Tax Act, No. 58 of
1962, by substituting paragraphs (a) and (b).
35. (1) Amends paragraph 86 of the Eighth Schedule to the Income Tax Act, No. 58 of
1962, as follows:—paragraph (a) substitutes subparagraph (2); and paragraph (b) deletes
subparagraph (3).
(2) Subsection (1) shall come into operation on 1 October 2001.
36.
Inserts section 8 in the Customs and Excise Act, No. 91 of 1964.
37. (1) Amends section 18 (1) of the Customs and Excise Act, No. 91 of 1964, as
follows:—paragraph (a) subsitutes paragraph (a); and paragraph (b) substitutes paragraphs
(b) and (c).
(Date of commencement of sub-s. (1): 1 March, 2002.)
(2) Subsection (1) shall come into operation on a date fixed by the President by
proclamation in the Gazette.
38. (1) Amends section 18A of the Customs and Excise Act, No. 91 of 1964, by
substituting subsection (4).
(Date of commencement of sub-s. (1): 1 March, 2002.)
(2) Subsection (1) shall come into operation on a date fixed by the President by
proclamation in the Gazette.
39. (1) Amends section 19 of the Customs and Excise Act, No. 91 of 1964, by
substituting subsection (9).
40.
(1) Inserts section 19A in the Customs and Excise Act, No. 91 of 1964.
[S. 40 (1) amended by s. 64 (1) of Act No. 30 of 2002.]
(Date of commencement of sub-s. (1): 1 October, 2002. S. 19A (1), (2) and (3) commences
only in respect of tobacco products liable to excise duty as specified in items 104.30 and
104.35 of Section A of Part 2 of Schedule No. 1: 1 October, 2002; in respect of beer and
spirits liable to excise duty as specified respectively in items 104.10 and 104.20 of Section A
of Part 2 of Schedule No. 1: 26 February, 2003; and in respect of petroleum and other goods
liable to excise duty as specified in item 105.10 of Section A of Part 2 of Schedule No. 1: 2
April, 2003.)
(2) Subsection (1) or any part thereof shall come into operation on the date or dates
fixed, and in respect of the goods specified, by the President by proclamation in the Gazette.
41. (1) Amends section 20 (4) of the Customs and Excise Act, No. 91 of 1964, by
substituting the words preceding paragraph (a).
(Date of commencement of sub-s. (1): 1 October, 2002)
(2) Subsection (1) shall come into operation on a date fixed by the President by
proclamation in the Gazette.
42.
......
[S. 42 repealed by s. 42 of Act No. 21 of 2006.]
28
43.
......
[S. 43 repealed by s. 187 of Act No. 60 of 2001.]
44.
Substitutes heading of Chapter VIII of the Customs and Excise Act, No. 91 of 1964.
45.
(1) Inserts section 59A in the Customs and Excise Act, No. 91 of 1964.
(Date of commencement of sub-s. (1): 15 February, 2002.)
(2) Subsection (1) shall come into operation on a date fixed by the President by
proclamation in the Gazette.
46. Amends section 60 of the Customs and Excise Act, No. 91 of 1964, as follows:—
paragraph (a) substitutes subsection (1); and paragraph (b) substitutes subsection (2).
47. Amends section 64B (2) of the Customs and Excise Act, No. 91 of 1964, by adding
paragraphs (c) and (d).
48.
(1) Inserts sections 64D and 64E in the Customs and Excise Act, No. 91 of 1964.
(Date of commencement of sub-s. (1): 1 March, 2002.)
(2) Subsection (1) shall come into operation on a date fixed by the President by
proclamation in the Gazette.
49. (1) Amends section 69 of the Customs and Excise Act, No. 91 of 1964, as follows:—
paragraph (a) substitutes the words preceding the proviso in subsection (1) (a); paragraph (b)
substitutes the words preceding subsection (1) (c) (i); paragraph (c) adds subsection (1) (d)
and (e); and paragraph (d) substitutes subsection (3).
(2) Subsection (1) shall be deemed to have come into operation on 1 July 2001.
50. (1) Amends section 75 of the Customs and Excise Act, No. 91 of 1964, as follows:—
paragraph (a) substitutes subsection (1) (c) and (d); paragraph (b) deletes subsection (1)
( f ); paragraph (c) substitutes subsection (1A) and adds subsections (1B) and (1C);
paragraph (d) substitutes subsection (4A); paragraph (e) substitutes subsection (7A);
paragraph ( f ) substitutes subsection (14) (b) (i); and paragraph (g) substitutes subsection
(15) (a) and (b).
(h) to (l) inclusive . . . . . .
[Paras. (h) to (l) inclusive deleted by s. 189 (a) of Act No. 60 of 2001.]
(2) Subsection (1) (a), (b), (c), (d), (e), ( f ) and (g) shall be deemed to have come
into operation on 4 July 2001.
[Sub-s. (2) substituted by s. 189 (b) of Act No. 60 of 2001.]
51.
(1) Inserts section 101A in the Customs and Excise Act, No. 91 of 1964.
[Sub-s. (1) amended by s. 65 (1) of Act No. 30 of 2002 with effect from 13 December,
2002.]
(2) Subsection (1) shall come into operation on a date fixed by the President by
proclamation in the Gazette.
(Date of commencement of sub-s. (2): 13 December, 2002.)
29
52. Amendment of Schedule No. 1 to Act 91 of 1964, as amended by section 19
of Act 95 of 1965, section 15 of Act 57 of 1966, section 2 of Act 96 of 1967, section
22 of Act 85 of 1968, section 37 of Act 105 of 1969, section 9 of Act 98 of 1970,
section 2 of Act 89 of 1971, section 12 of Act 103 of 1972, section 6 of Act 68 of
1973, section 3 of Act 64 of 1974, section 13 of Act 71 of 1975, section 13 of Act 105
of 1976, section 38 of Act 112 of 1977, section 3 of Act 114 of 1981, section 27 of
Act 86 of 1982, section 10 of Act 89 of 1984, section 14 of Act 101 of 1985, section
11 of Act 69 of 1988, section 19 of Act 68 of 1989, section 40 of Act 59 of 1990,
section 3 of Act 111 of 1991, section 15 of Act 105 of 1992, section 13 of Act 98 of
1993, section 12 of Act 19 of 1994, section 74 of Act 45 of 1995, section 8 of Act 44
of 1996, section 15 of Act 27 of 1997, section 75 of Act 30 of 1998, section 7 of Act
32 of 1999 and section 64 of Act 30 of 2000.—(1) Schedule No. 1 to the Customs and
Excise Act, 1964, is hereby amended as set out in Schedule 2 to this Act.
(2) Subject to the provisions of section 58 (1) of the Customs and Excise Act, 1964,
subsection (1) shall be deemed to have come into operation on 21 February 2001.
53. Continuation of certain amendments of Schedules Nos. 1 to 6 and 10 to Act
91 of 1964.—(1) Every amendment or withdrawal of or insertion in Schedules Nos. 1 to 6,
inclusive, and 10 to the Customs and Excise Act, 1964, made under section 48, 49, 56 or
75 (15) of that Act during the calendar year ending on 31 December 2000 shall not lapse by
virtue of the provisions of section 48 (6), 49, 56 (3) or 75 (16) of that Act.
(2) The amendments of Part 2 and Part 5 of Schedule No. 1 of the Customs and Excise
Act, 1964, made under section 48 of that Act by Government Notice R184 and R185 of 21
February 2001 in respect of the said Part 2 and Government Notice R332 of 6 April 2001 in
respect of the said Part 5 shall not lapse by virtue of the provisions of section 48 (6) of that
Act.
54. Amends section 1 of the Stamp Duties Act, No. 77 of 1968, as follows:—paragraph
(a) deletes the definition of “bill of exchange”; paragraph (b) deletes the definition of
“cheque”; and paragraph (c) deletes the definition of “promissory note”.
55. (1) Amends section 7 (1) of the Stamp Duties Act, No. 77 of 1968, by deleting
paragraph (c).
(2) Subsection (1) shall be deemed to have come into operation on 1 April 2001 and
shall apply in respect of any bill of exchange or promissory note executed on or after that
date.
56. (1) Amends section 10 (1) of the Stamp Duties Act, No. 77 of 1968, by deleting
paragraph (c).
(2) Subsection (1) shall be deemed to have come into operation on 1 April 2001 and
shall apply in respect of any promissory note executed on or after that date.
57.
(1) Repeals section 16 of the Stamp Duties Act, No. 77 of 1968.
(2) Subsection (1) shall be deemed to have come into operation on 1 April 2001 and
shall apply in respect of any bill of exchange or promissory note executed on or after that
date.
58.
(1) Repeals section 17 of the Stamp Duties Act, No. 77 of 1968.
(2) Subsection (1) shall be deemed to have come into operation on 1 April 2001 and
shall apply in respect of any bill of exchange executed on or after that date.
59.
(1) Repeals section 18 of the Stamp Duties Act, No. 77 of 1968.
30
(2) Subsection (1) shall be deemed to have come into operation on 1 April 2001 and
shall apply in respect of any promissory note executed on or after that date.
60.
(1) Repeals section 25 of the Stamp Duties Act, No. 77 of 1968.
(2) Subsection (1) shall be deemed to have come into operation on 1 April 2001 and
shall apply in respect of any document of security or pledge, or any act of suretyship,
indemnity or guarantee executed on or after that date.
61.
(1) Repeals item 5 of Schedule 1 to the Stamp Duties Act, No. 77 of 1968.
(2) Subsection (1) shall be deemed to have come into operation on 1 April 2001 and
shall apply in respect of any bill of exchange or promissory note executed on or after that
date.
62. Amends item 6 (c) of Schedule 1 to the Stamp Duties Act, No. 77 of 1968, by
substituting the words following subparagraph (ii).
63.
(1) Repeals item 11 of Schedule 1 to the Stamp Duties Act, No. 77 of 1968.
(2) Subsection (1) shall be deemed to have come into operation on 1 April 2001 and
shall apply in respect of any customs and excise document executed on or after that date.
64.
(1) Repeals item 20 of Schedule 1 to the Stamp Duties Act, No. 77 of 1968.
(2) Subsection (1) shall be deemed to have come into operation on 1 April 2001 and
shall apply in respect of any document of security or pledge, or any act of suretyship,
indemnity or guarantee executed on or after that date.
65. (1) Amends section 1 of the Value-Added Tax Act, No. 89 of 1991, as follows:—
paragraph (a) inserts the definition of “commercial accommodation”; paragraph (b) deletes
the definition of “commercial rental establishment”; paragraph (c) substitutes the definition of
“domestic goods and services”; paragraph (d) substitutes the definition of “dwelling”; and
paragraph (e) deletes the definition of “residential rental establishment”.
(2) Subsection (1) shall come into operation on 1 October 2001.
66. Amends section 6 (2) of the Value-Added Tax Act, No. 89 of 1991, as follows:—
paragraph (a) deletes paragraph (d); and paragraph (b) inserts paragraph (e).
67. Amends section 8 (6) of the Value-Added Tax Act, No. 89 of 1991, as follows:—
paragraph (a) deletes the word “and” at the end of paragraph (a); paragraph (b) adds the
word “and” at the end of paragraph (b); and paragraph (c) adds paragraph (c).
68. (1) Amends section 10 (10) of the Value-Added Tax Act, No. 89 of 1991, as
follows:—paragraph (a) substitutes paragraph (a); and paragraph (b) deletes subparagraphs
(b) and (c).
(2) Subsection (1) shall come into operation on 1 October 2001.
69. (1) Amends section 12 (c) of the Value-Added Tax Act, No. 89 of 1991, by adding
subparagraphs (iii) and (iv).
(2) Subsection (1) shall come into operation on 1 October 2001.
70. Amends section 13 (5) of the Value-Added Tax Act, No. 89 of 1991, by substituting
the words preceding paragraph (a) and paragraph (a).
31
71. (1) Amends section 16 (3) of the Value-Added Tax Act, No. 89 of 1991, as
follows:—paragraph (a) adds paragraph (k); and paragraph (b) substitutes the first proviso.
(2) Subsection (1) (b) shall be deemed to have come into operation on 22 June 2001.
72. Amends section 58 of the Value-Added Tax Act, No. 89 of 1991, by substituting
paragraph (l).
73. Amends Schedule 2 of the Value-Added Tax Act, No. 89 of 1991, by substituting
items 2 and 15 in Part B.
74. Amends section 5 of the Road Accident Fund Act, No. 56 of 1996, by adding
subsection (3).
75. Amends section 6 (1) (b) of the Uncertificated Securities Tax Act, No. 31 of 1998, by
substituting subparagraph (iii).
76. Amends section 6 (5) of the Skills Development Levies Act, No. 9 of 1999, by
substituting the words preceding paragraph (a).
77.
Inserts section 20A in the Skills Development Levies Act, No. 9 of 1999.
78. (1) Amends section 21 (1) of the Taxation Laws Amendment Act, No. 30 of 2000,
by substituting paragraph (d).
(2) Subsection (1) shall come into operation on the date that section 21 of the
Taxation Laws Amendment Act, 2000 (Act No. 30 of 2000), comes into operation.
79. Amends section 7 (1) of the Taxation Laws Amendment Act, No. 5 of 2001, by
deleting paragraph (d).
80. Short title and commencement.—(1) This Act shall be called the Revenue Laws
Amendment Act, 2001.
(2) Save in so far as is otherwise provided in this Act or the context otherwise
indicates, the amendments effected to the Income Tax Act, 1962, by this Act shall for
purposes of assessments in respect of normal tax under the Income Tax Act, 1962, be
deemed to have come into operation as from the commencement of years of assessment
ending on or after 1 January 2002.
SCHEDULE 1
RATES OF NORMAL TAX PAYABLE BY PERSONS (OTHER THAN COMPANIES) IN RESPECT OF
THE YEARS OF ASSESSMENT ENDING 28 FEBRUARY 2002 AND 30 JUNE 2002, AND BY
COMPANIES IN RESPECT OF YEARS OF ASSESSMENT ENDING DURING THE PERIOD OF 12
MONTHS ENDING 31 MARCH 2002
(Section 2)
1. The rates of normal tax referred to in section 2 of this Act in respect of persons (other
than companies) are as follows:—
(a)
in respect of the taxable income of any person (other than a company or a
person in respect of which subparagraph (b) applies), an amount of tax
calculated in accordance with the table below:
32
Taxable Income
Rates of Tax
Where the taxable income—
Does not exceed R38 000
18 per cent of each R1 of the taxable income;
R55 000
R6 840 plus 26 per cent of the amount by which
the taxable income exceeds R38 000;
”
R80 000
R11 260 plus 32 per cent of the amount by which
the taxable income exceeds R55 000;
”
”
R100 000
R19 260 plus 37 per cent of the amount by which
the taxable income exceeds R80 000;
”
”
R215 000
R26 660 plus 40 per cent of the amount by which
the taxable income exceeds R100 000;
Exceeds
R38 000
but does not exceed
”
R55 000
”
”
”
”
R80 000
”
”
”
R100 000
”
”
”
R215 000
R72 660 plus 42 per cent of the amount by which
the taxable income exceeds R215 000.
(b)
in respect of the taxable income of any trust (other than a special trust), an
amount of tax calculated in accordance with the table below:
Taxable Income
Rates of Tax
Where the taxable income—
Does not exceed R100 000
32 per cent of each R1 of the taxable income;
Exceeds R100 000
R32 000 plus 42 per cent of the amount by which the
taxable income exceeds R100 000.
2. The rates of normal tax referred to in section 2 of this Act in respect of companies
are, subject to the provisions of paragraph 4, as follows:—
(a)
on each rand of the taxable income of any company (excluding taxable income
referred to in subparagraphs (b), (c), (d), (e), ( f ), (g) and (h)), 30 cents, or,
in the case of a company which mines for gold on any gold mine and which is in
terms of an option exercised by it exempt from the payment of secondary tax
on companies, 38 cents;
(b)
in respect of the taxable income of any company which qualifies as a small
business corporation, on each rand of the taxable income as does not exceed
R100 000, 15 cents, and on each rand of the taxable income of such company
as exceeds R100 000, 30 cents;
(c)
on each rand of the taxable income of any employment company, 35 cents;
(d)
on each rand of the taxable income derived by any company from mining for
gold on any gold mine (with the exclusion of so much of the taxable income as
the Commissioner determines to be attributable to the inclusion in the gross
income of any amount referred to in paragraph ( j) of the definition of “gross
income” in section 1 of the Income Tax Act, 1962, but after the set-off of any
assessed loss in terms of section 20 (1) of the Income Tax Act, 1962), a
percentage determined in accordance with the formula:
33
or, in the case of a company which is in terms of an option exercised by it
exempt from the payment of secondary tax on companies, in accordance with
the formula:
in which formulae y represents such percentage and x the ratio expressed as a
percentage which the taxable income so derived (with the said exclusion, but
before the set-off of any assessed loss or deduction which is not attributable to
the mining for gold from the said mine) bears to the income so derived (with
the said exclusion);
(e)
on each rand of the taxable income of any company, the sole or principal
business of which in the Republic is, or has been, mining for gold and the
determination of the taxable income of which for the period assessed does not
result in an assessed loss, which the Commissioner determines to be
attributable to the inclusion in its gross income of any amount referred to in
paragraph ( j) of the definition of “gross income” in section 1 of the Income Tax
Act, 1962, a rate equal to the average rate of normal tax or 30 cents,
whichever is higher: Provided that for the purposes of this subparagraph, the
average rate of normal tax shall be determined by dividing the total normal tax
(excluding the tax determined in accordance with this subparagraph for the
period assessed) paid by the company in respect of its aggregate taxable
income from mining for gold on any gold mine for the period from which that
company commenced its gold mining operations on that gold mine to the end
of the period assessed, by the number of rands contained in the said aggregate
taxable income;
(f)
on each rand of the taxable income derived by any company from carrying on
long-term insurance business in respect of its individual policyholder fund,
company policyholder fund and corporate fund, 30 cents;
(g)
on each rand of the taxable income (excluding taxable income referred to in
subparagraphs (b), (c), (d), (e), ( f ) and (h)) derived by a company which has
its place of effective management outside the Republic and which carries on a
trade through a branch or agency within the Republic, 35 cents;
(h)
on each rand of the taxable income derived by a qualifying company as
contemplated in section 37H of the Income Tax Act, 1962, subject to the
provisions of the said section, zero cents:
Provided that the tax determined in accordance with any of subparagraphs (a) to (h),
inclusive, shall be payable in addition to the tax determined in accordance with any other of
the said subparagraphs.
3. The rates set forth in paragraphs 1 and 2 shall be the rates required to be fixed by
Parliament in accordance with the provisions of section 5 (2) of the Income Tax Act, 1962.
4.
For the purposes of paragraph 2—
(a)
34
“small business corporation” means any close corporation or any company
registered as a private company in terms of the Companies Act, 1973 (Act No.
61 of 1973), the entire shareholding of which is at all times during the year of
assessment held by shareholders or members that are natural persons,
where—
(i)
the gross income for the year of assessment does not exceed R1 million;
(ii)
none of the shareholders or members at any time during the year of
assessment of the company or close corporation holds any shares or has
any interest in the equity of any other company as defined in section 1 of
the Income Tax Act, 1962 (other than a company listed on a stock
exchange as defined in the Stock Exchanges Control Act, 1985 (Act No. 1
of 1985), or any unit portfolio contemplated in paragraph (e) of the
definition of “company” in section 1);
(iii)
not more than 20 per cent of the gross income of the company or close
corporation consists collectively of investment income and income from
the rendering of a personal service; and
(iv)
such company is not an employment company;
(b)
“employment company” means any company—
(i)
which is a labour broker as defined in the Fourth Schedule to the Income
Tax Act, 1962, other than a labour broker in respect of which a certificate
of exemption has been issued in terms of paragraph 2 (5) of the said
Schedule; or
(ii)
which is a personal service company as defined in the said Fourth
Schedule;
(c)
“investment income” means—
(i)
any income in the form of dividends, royalties, rental, annuities or income
of a similar nature;
(ii)
any interest as contemplated in section 24J of the Income Tax Act, 1962,
any amount contemplated in section 24K of the said Act and any other
income which, by the laws of the Republic administered by the
Commissioner, is subject to the same treatment as income from money
lent; and
(iii)
any proceeds derived from investment or trading in financial instruments
(including futures, options and other derivatives), marketable securities
or immovable property;
(d)
“personal service” means any service in the field of accounting, actuarial
science, architecture, auctioneering, auditing, broadcasting, broking,
35
commercial
arts,
consulting,
draftsmanship,
education,
engineering,
entertainment, health, information technology, journalism, law, management,
performing arts, real estate, research, secretarial services, sport, surveying,
translation, valuation or veterinary science, which is performed personally by
any person who holds an interest in the company or close corporation; and
(e)
income derived from mining for gold shall include any income derived from
silver, osmiridium, uranium, pyrites or other minerals which may be won in the
course of mining for gold, and any other income which results directly from
mining for gold.
5. In this Schedule, unless the context otherwise indicates, any word or expression to
which a meaning has been assigned in the Income Tax Act, 1962, bears the meaning so
assigned.
SCHEDULE 2
AMENDMENTS TO SCHEDULE NO. 1 TO THE CUSTOMS AND EXCISE ACT, 1964
(Section 52)
Tariff
item
Tariff
heading
Description
Rate of duty
Excise
104.00
By the substitution for tariff item 104.00 of the following:
“104.00
PREPARED FOODSTUFFS; BEVERAGES, SPIRITS AND
VINEGAR; TOBACCO
104.01
MALT EXTRACT; FOOD PREPARATIONS OF FLOUR, MEAL,
STARCH OR MALT EXTRACT, NOT CONTAINING COCOA
POWDER OR CONTAINING COCOA POWDER IN A
PROPORTION, BY MASS, OF LESS THAN 50 PER CENT, NOT
ELSEWHERE SPECIFIED OR INCLUDED; FOOD
PREPARATIONS OF GOODS OF HEADINGS NOS. 04.01 TO
04.04, NOT CONTAINING COCOA POWDER OR
CONTAINING COCOA POWDER IN A PROPORTION, BY
MASS, OF LESS THAN 10 PER CENT, NOT ELSEWHERE
SPECIFIED OR INCLUDED:
19.01
Preparations, based on sorghum flour, put up for making
beverages
.10
Customs
34.7c/kg
34.7c/kg
.10
Mineral waters, including spa waters and aerated waters,
put up in closed bottles or other closed containers ready
for drinking without dilution (excluding beverages packed
in plastic tubes or similar containers and which are
normally consumed in a frozen state)
6c/l
6c/l
.20
Lemonade and flavoured mineral waters, including
flavoured spa and aerated waters, put up in closed bottles
or other closed containers ready for drinking without
6c/l
6c/l
104.05
22.01
WATERS, INCLUDING NATURAL OR ARTIFICIAL MINERAL
WATERS AND AERATED WATERS, NOT CONTAINING
ADDED SUGAR OR OTHER SWEETENING MATTER NOR
FLAVOURED; ICE AND SNOW
22.02
WATERS, INCLUDING MINERAL WATERS AND AERATED
WATERS, CONTAINING ADDED SUGAR OR OTHER
SWEETENING MATTER OR FLAVOURED, AND OTHER NONALCOHOLIC BEVERAGES (EXCLUDING FRUIT OR
VEGETABLE JUICES OF HEADING NO. 20.09):
36
dilution (excluding beverages packed in plastic tubes or
similar containers and which are normally consumed in a
frozen state)
.30
Non-alcoholic beverages not elsewhere specified or
included in this tariff item, put up in closed bottles or other
closed containers ready for drinking without dilution
(excluding beverages packed in plastic tubes or similar
containers and which are normally consumed in a frozen
state)
6c/l
6c/l
2 373c/l of
absolute
alcohol
2 373c/l of
absolute
alcohol
104.10
22.03
BEER MADE FROM MALT
104.15
22.04
WINE OF FRESH GRAPES, INCLUDING FORTIFIED WINES;
GRAPE MUST, OTHER THAN THAT OF HEADING NO. 20.09
22.05
VERMOUTHS AND OTHER WINE OF FRESH GRAPES
FLAVOURED WITH PLANTS OR AROMATIC SUBSTANCES
22.06
OTHER FERMENTED BEVERAGES (FOR EXAMPLE, CIDER,
PERRY AND MEAD):
.05
Sorghum beer (excluding beer made from preparations
based on sorghum flour)
7.82c/l
7.82c/l
.10
Unfortified still wine
74.7c/l
74.7c/l
.40
Fortified still wine
169c/l
169c/l
.50
Other still fermented beverages, unfortified
120.8c/l
120.8c/l
.60
Other still fermented beverages, fortified
214.3c/l
214.3c/l
.70
Sparkling wine
206.9c/l
206.9c/l
.80
Other fermented beverages (excluding sorghum beer)
254.8c/l
254.8c/l
104.20
22.07
UNDENATURED ETHYL ALCOHOL OF AN ALCOHOLIC
STRENGTH BY VOLUME OF 80 PER CENT VOLUME OR
HIGHER; ETHYLALCOHOL AND OTHER SPIRITS,
DENATURED, OF ANY STRENGTH
22.08
UNDENATURED ETHYL ALCOHOL OF AN ALCOHOLIC
STRENGTH BY VOLUME OF LESS THAN 80 PER CENT
VOLUME; SPIRITS, LIQUEURS AND OTHER SPIRITUOUS
BEVERAGES:
.10
Wine spirits, manufactured in the Republic by the
distillation of wine
3 337c/l of
absolute
alcohol
—
.15
Spirits, manufactured in the Republic by the of distillation
of any sugar cane product
3 337c/l of
absolute
alcohol
—
.25
Spirits, manufactured in the Republic by the distillation of
any grain product
3 337c/l of
absolute
alcohol
—
.29
Other spirits, manufactured in the Republic
3 337c/l of
absolute
alcohol
.60
Imported spirits of any nature, including spirits in imported
spirituous beverages (excluding alcohol liqueurs, cordials
and similar spirituous beverages containing added sugar)
and in compound alcoholic preparations of an alcoholic
strength exceeding 1,713 percent alcohol by volume
—
3 241c/l of
absolute
alcohol or
1 394c/l
.70
Spirits of any nature in imported liqueurs, cordials and
—
3 241c/l of
37
similar spirituous beverages containing added sugar, with
or without flavouring substances
104.30
24.02
absolute
alcohol
CIGARS, CHEROOTS, CIGARILLOS AND CIGARETTES, OF
TOBACCO OR TOBACCO SUBSTITUTES
.10
Cigars
66 420c/kg
net
66 420c/kg
net
.20
Cigarettes
158.4c/10
cigarettes
158.4c/10
cigarettes
104.35
24.03
OTHER MANUFACTURED TOBACCO AND MANUFACTURED
TOBACCO SUBSTITUTES, ‘HOMOGENISED’ OR
‘RECONSTITUTED’ TOBACCO EXTRACTS AND ESSENCES:
.10
Cigarette tobacco
7 167c/kg
7 167c/kg
.20
Pipe tobacco
4 677c/kg
net
4 677c/kg
net”.
ROAD ACCIDENT FUND AMENDMENT ACT
NO. 43 OF 2002
[ASSENTED TO 24 NOVEMBER, 2002]
[DATE OF COMMENCEMENT: 4 DECEMBER, 2002]
(English text signed by the President)
This Act was published in Government Gazette 24135 dated 4 December, 2002.
ACT
To amend the Road Accident Fund Act, 1996, so as to render the representation of
the national Department of Transport on the Board of the Road Accident Fund more
flexible; to decrease the minimum number of appointed members of the Board from
11 to eight; to facilitate the filling of an occasional vacancy on the Board; and to
provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—
1. Amends section 10 of the Road Accident Fund Act, No. 56 of 1996, as follows:—
paragraph (a) substitutes subsection (1) (a); paragraph (b) substitutes subsection (1) (b);
paragraph (c) substitutes the words preceding subsection (9) (a); and paragraph (d) adds
subsection (10).
2.
Short title.—This Act is called the Road Accident Fund Amendment Act, 2002.
ROAD ACCIDENT FUND ACT
56 OF 1996
38
TABLE OF CONTENTS
PROPOSED REGULATIONS
GN 708 of 29 May 2006
Regulations regarding the Assessment of the Seriousness of Injuries
GN 1315 of 8 September 2006
Strategy for the restructuring of the Road Accident Fund as compulsory social
insurance in relation to the Comprehensive Social Security System: For comment
(Government Gazette No. 29017)
GN 1830 of 15 December 2006
Regulations
(Government Gazette No. 29478)
GN 15 of 12 January 2007
Publication for public comment: Regulations
(Government Gazette No. 29533)
REGULATIONS
GNR.609 of 25 April 1997
Regulations promulgated under section 26
GNR.769 of 21 July 2008
Regulations
(Government Gazette No. 31249)
GNR.770 of 21 July 2008
Road Accident Fund Regulations, 2008
(Government Gazette No. 31249)
NOTICES
GN 109 of 8 February 2007
Notice for the Extension of Submission of Comments on the Road Accident Fund
Proposed Regulations
PROPOSED REGULATIONS
GN 708 of 29 May 2006: Regulations regarding the Assessment of the Seriousness
of Injuries
GN 1315 of 8 September 2006: Strategy for the restructuring of the Road Accident
Fund as compulsory social insurance in relation to the Comprehensive Social
Security System: For comment
(Government Gazette No. 29017)
GN 1830 of 15 December 2006: Regulations
(Government Gazette No. 29478)
GN 15 of 12 January 2007: Publication for public comment: Regulations
(Government Gazette No. 29533)
REGULATIONS
39
GNR.609 of 25 April 1997: Regulations promulgated under section 26
NOTE:—These regulations were published under Government Notice in Government
Gazette 17939 of 25 April 1997.
The Minister of Transport has, under section 26 of the Road Accident Fund Act, 1996 (Act
No. 56 of 1996), made the regulations in the Schedule hereto.
SCHEDULE
ARRRANGEMENT OF REGULATIONS
1.
2.
3.
4.
Form 1
Form 2
Form 3
Definitions
Further provision for liability of Fund in terms of section 17 (1) (b)
Forms
Commencement
Claim for compensation and medical report
Claim by Supplier
Accident report form
1. Definitions.—In these Regulations, unless the context otherwise indicates, any
expression to which meaning has been assigned in the Act bears the meaning so assigned.
2. Further provision for liability of Fund in terms of section 17 (1) (b).—(1) In
the case of any claim for compensation referred to in section 17 (1) (b) of the Act the fund
shall not be liable to compensate any third party unless—
(a)
the bodily injury or death concerned arose from the negligent or other wrongful
driving of the motor vehicle concerned;
(b)
the third party took all reasonable steps to establish the identity of the owner
or the driver of the motor vehicle concerned;
(c)
the third party submitted, if reasonably possible, within 14 days after being in a
position to do so an affidavit to the police in which particulars of the occurrence
concerned were fully set out; and
(d)
the motor vehicle concerned (including anything on, in or attached to it) came
into physical contact with the injured or deceased person concerned or with any
other person, vehicle or object which caused or contributed to the bodily injury
or death concerned.
(2) The liability of the Fund in the case of any claim for compensation referred to in
section 17 (1) (b) of the Act shall not exceed the amount for which the Fund would have been
liable had it been a claim for compensation referred to in section 17 (1) (a) of the Act.
(3) A claim for compensation referred to in section 17 (1) (b) of the Act shall be sent or
delivered to the Fund, in accordance with the provisions of section 24 of the Act, within two
years from the date upon which the claim arose, irrespective of any legal disability to which
the third party concerned may be subject and notwithstanding anything to the contrary in any
law.
(4) The liability of the Fund in respect of any claim sent or delivered to it as provided
for in subregulation (3) shall be extinguished upon the expiry of a period of five years from the
40
date upon which the claim arose, irrespective of any legal disability to which the third party
concerned may be subject and notwithstanding anything to the contrary in any law, unless a
summons to commence legal proceedings has been properly served on the Fund before the
expiry of the said period.
(5) The court in which the legal proceedings referred to in subregulation (4) have been
instituted shall not hear the case unless the third party concerned has lodged with the court a
certificate of probabilis causa by an independent advocate or attorney of not less than 10
years’ standing who has considered all the evidence concerning causation and liability
available to each of the litigants.
(6) The Fund shall at any time after having received a claim for compensation referred
to in section 17 (1) (b) of the Act be entitled to require the injured person concerned to
submit to interrogation by the Fund at a place indicated by the Fund and to make a sworn
statement fully setting out the circumstances of the occurrence concerned.
(7) The liability of the Fund in the case of any claim for compensation referred to in
section 17 (1) (b) of the Act shall be subject to the provisions of the Act only to the extent
that those provisions are consistent with this regulation and capable of being applied in the
circumstances mentioned in the said section 17 (1) (b).
3. Forms.—(1) A claim for compensation and accompanying medical report referred to
in section 24 (1) (a) of he Act shall be combined in Form 1 set out in the Annexure to these
Regulations.
(2) A claim by a supplier referred to in section 24 (3) of the Act shall be in Form 2 set
out in the Annexure to these Regulations.
(3) The particulars and statements referred to in section 22 (1) (a) of the Act shall be
furnished to the Fund in Form 3 (called an accident report form) set out in the Annexure to
these Regulations.
4.
Commencement.—These Regulations shall come into operation on 1 May 1997.
Form 1
CLAIM FOR COMPENSATION AND MEDICAL REPORT
(Sections 17 (1) and 24 (1) (a) of Act No. 56 of 1996 and regulation 3 (1) of the
Regulations under the Act.)
Notes:
(i)
A separate form must be completed and lodged with regard to each injured or
deceased person in respect of whose bodily injury or death compensation is claimed.
(ii)
In order for the Fund to be able to deal with this claim expeditiously it is essential that
all the required supporting vouchers and statements should accompany this form and
in the case of item 8 of this form it is desirable also to
(a)
attach all medico-legal reports in the possession of the claimant; and
(b)
indicate, with regard to a claim for future loss of earnings, on a separate
statement how such loss is calculated.
(iii)
Written authority for inspection by or on behalf of the Fund of all records regarding the
injured or deceased person which may be in the possession of any hospital or medical
practitioner must accompany this form.
41
(iv)
Items 1 to 5 of this form must be completed before this form is submitted to the
medical practitioner for completion of the medical report.
(v)
Where blocks are provided for the purpose of replying to a question, place a cross in
the appropriate block.
1.
CLAIMANT:
(a)
(i)
Full name and residential address of claimant
(ii)
Citizenship
Telephone No. Home
(b)
(iii)
Work
If the claimant is claiming compensation on behalf of another person, state—
(i)
Capacity in which claimant is acting
Name and address of person(s) on whose behalf compensation is being claimed
Identity/passport number of such person
Relationship of claimant to such person
(ii)
(iii)
(iv)
(Photocopies of relevant identity documents/passports and marriage certificates,
as the case may be, should accompany this form).
PARTICULARS OF MOTOR VEHICLE FROM THE DRIVING OF WHICH THIS CLAIM ARISES:
(a)
Registration letters and number
Make
Type of body
(b)
(c)
2.
(i)
(ii)
Name and address of owner at time of accident
Name and address or driver at time of accident
(d)
If the identity of neither the owner nor the driver has been established, state—
Any additional information about motor vehicle
(i)
(ii)
What steps were taken to establish the identity of the owner or the driver of the
motor vehicle
(Attach a separate statement if necessary)
PARTICULARS OF ACCIDENT:
(a)
Date
3.
42
(b)
(c)
(d)
(e)
(f)
Time
Place
Police station at which reported and Police reference number
Attach an affidavit (supported by a rough sketch of the scene of the accident) in which
particulars of the accident are fully set out.
Attach copies of all available statements (including eyewitness accounts) and documents
(including police accident report and plan)
4.
PARTICULARS OF ANY OTHER MOTOR VEHICLES INVOLVED IN ACCIDENT:
Vehicle (i)
(a)
Vehicle (ii)
Registration letters and number
(b)
(i)
Name of owner (if known)
(ii)
Address (if known)
(iii)
Occupation (if known)
(c)
(i)
Name of driver at time of accident
(ii)
Address (if known)
(If more than two vehicles were involved the particulars should be set out on a separate
statement attached to this form.)
5.
PARTICULARS OF INJURED OR DECEASED PERSON:
(a)
(b)
(c)
(d)
(e)
Full name and address
Identity/Passport No
Sex
Date of birth
Marital status at date of accident:
divorced 
(f)
never married 
married 
widowed 
legally separated 
If married: in community of property 
out of community of property 
customary union 
(g)
(h)
Business or occupation
At the time of the accident was the person travelling in one of the motor vehicles
43
described in either item 2 or item 4?
(i)
YES 
NO 
If YES, state
(i)
Registration letters and number of motor vehicle;
and
(ii)
whether as a passenger or driver
( j)
If the person was not travelling as a passenger or driver in one of the vehicles described
in either item 2 or 4, (i) what was his/her mode of conveyance?
or (ii) was he/she a pedestrian
(k)
(l)
YES 
NO 
Name and address of usual medical practitioner
Names and addresses of all medical practitioners who attended him/her after the
accident
(m)
(i)
At which hospital or nursing home or other place did he/she receive treatment
after the accident?
(ii)
For what period as in-patient (from .............................. to
..............................)
and/or out-patient (from .............................. to ..............................)?
(iii)
Classification for hospital purposes: hospital patient
private patient
(iv)
Hospital reference number
(n)
(o)
Was he/she suffering from any physical defect or infirmity immediately prior to the
accident?
YES 
NO 
If YES, give details
(p)
Name and address of employer at date of accident (if more than one employer,
state names and addresses of all)
Period in his employment, from
(i)
(ii)
to
(iii)
Nature of work
(iv)
Date of resumption of work
(q)
(r)
Was he/she injured or killed in the course of his/her employment?
YES  NO

State his/her income for the 12 months immediately preceding the accident—
R
from employment
(i)
(ii)
from any other source (give details)
from any other source (give details)
(ii)
44
TOTAL
R
IF THE PERSON MENTIONED IN ITEM 5 WAS KILLED THE FOLLOWING ADDITIONAL
INFORMATION IS REQUIRED IN RESPECT OF SUCH PERSON:
(a)
(b)
(c)
(d)
6.
Place where death occurred
Date of death
Is it known whether an inquest was held?
YES 
NO 
If known, state in what court ........................................... Date
.........................................
and reference number ............................... (attach a copy of the relevant inquest
record if available)
(e)
Name and address of the executor of the deceased’s estate
7.
IF THE PERSON MENTIONED IN ITEM 5 WAS KILLED AND COMPENSATION IS CLAIMED BY
OR ON BEHALF OF A DEPENDANT OF THAT PERSON, THE FOLLOWING INFORMATION IS
REQUIRED IN RESPECT OF EACH SUCH DEPENDANT: (If compensation is claimed by or on
behalf of more than one dependant the information required by this paragraph in respect of
each dependent should be set out on a separate statement, which should be attached to this
form.)
(a)
(b)
(c)
(d)
(e)
Full name and address
Identity/Passport No.
Sex
Date of birth
Relationship to deceased person
(Attach a photocopy of relevant marriage and/or birth certificates, as the case may be)
(f)
Marital status at date of accident:
divorced 
(g)
never married 
married 
widowed 
If married: in community of property 
out of community of property 
customary union 
(h)
Business or occupation
(i)
( j)
(k)
(l)
Is he/she suffering from any physical defect or infirmity? YES  NO 
If YES, give full particulars
Name and address of employer at date of accident and how long employed by such
employer (if more than one employer, state names and addresses of all)
State his/her income for the 12 months immediately preceding the accident—
45
(i)
from employment
(ii)
from any other source (give details)
TOTAL
(m)
R
Details and amount of any inheritance or any other benefits received from the estate of
the deceased or accruing from any other source as a result of the death of the person
referred to in item 5 other than insurance and/or pension moneys
8.
COMPENSATION CLAIMED:
Precise details must be given in respect of the following items and must be supported by
vouchers, where applicable. (If necessary, the information required by this section may be
set out on a separate statement duly signed and attached to this form.) [See also Note (ii) at
top of form.]
Item
Amount
R
(i)
Hospital expenses (provincial hospitals)
(ii)
Hospital expenses (other hospitals)
(iii)
Medical expenses
(iv)
Estimated future medical expenses
(v)
Loss of earnings/support from date of accident
to date hereof
(vi)
Estimated future loss of earnings
(vii)
Funeral expenses
(viii)
General damages (pain and suffering, permanent
disability, etc)
(viii)
General damages (pain and suffering, permanent
disability, etc)
TOTAL
R
9.
IF THE PERSON MENTIONED IN ITEM 5 ABOVE WAS KILLED OR INJURED IN THE COURSE OF
HIS/HER EMPLOYMENT STATE:
Whether the claimant is entitled to compensation under the Compensation for
Occupational Injuries and Diseases Act, 1993
YES 
NO 
If the claimant has already been compensated in terms of the Compensation for
Occupational Injuries and Diseases Act, 1993, state amount received
and Compensation Commissioner's reference
I hereby declare that to the best of my knowledge and belief the information set out in this
form is true and correct in every respect
(i)
(ii)
46
Signed at
this
day of
19
As witnesses:
1.
2.
Signature of claimant (mentioned in item
1) or authorised representative. (In the
latter case, proof in writing that he/she is
authorised to act as legal representative of
the claimant must accompany this form.)
MEDICAL REPORT
Notes:
(i)
Section 24 (2) (a) provides that this report shall be completed by the medical practitioner
who treated the deceased or injured person for the bodily injuries sustained by him/her in
the accident form from which this claim arises or by the superintendent (or his
representative) of this hospital in which the injured or deceased person was treated for such
bodily injuries.
Where blocks are provided for the purpose of replying to a question, place a cross in the
appropriate block.
1.
(a)
Name of persons to whom this report relates
(b)
(ii)
Are you satisfied that this is the person mentioned in item 5 of the claim form?
YES 
NO 
2.
Date when first seen after accident
Did you treat him/her at any time before the accident?
YES 
3.
NO 
If YES, give date of last such treatment and nature of ailment
4.
Parts of body injured and degree of injuries:
Head
Chest
Neck
Abdomen
Back
Upper
Lower
limbs
Pelvis
limbs
Minor








47
Fairly
severe








Severe








(a)
Give full details of the nature of the injuries and any complications (e.g. fractured ribs
with haemothorax, compound fracture left tibia, disfigurement, etc.)
(b)
5.
State treatment given to date
Is permanent disability expected:
YES 
6.
NO 
If YES, give full details
If NO, has his/her condition stabilised?
Is specialist treatment being given?
YES 
7.
NO 
If YES, give name and address of specialist
(a)
Is future medical treatment foreseen?
(b)
8.
YES 
NO 
48
If YES:
(i)
What will the probable nature of such treatment be and in respect of which
injuries?
(ii)
Expected date thereof
(iii)
Expected duration thereof
(iv)
Estimated cost thereof R
(c)
Is hospitalisation foreseen in connection with the future treatment referred to in (a)
above?
YES 
(d)
NO 
If YES, state:
(i)
Expected date of such hospitalisation
(ii)
Expected duration thereof
Have the injuries aggravated any pre-existing pathological condition?
YES 
10.
Has any such pre-existing pathological condition aggravated the effects of trauma?
YES 
9.
NO 
NO 
11.
If the answer to either item 9 or 10 above is YES, give full details
Has the person been confined to a hospital/nursing home?
YES 
12.
NO 
If YES, state:
(a)
(b)
(c)
Name and address of hospital/nursing home
Hospital reference number
Date when discharged or when discharge is expected
If in employment at date of accident, state date when return to employment is expected
14.
In the case of death, state:
(a)
(b)
(c)
(d)
Date of death
Cause
Did any pre-existing pathological condition contribute to death?
If YES, give full details
Name of medical practitioner
Qualifications
Signature
Address
13.
Date
YES 
NO 
49
Form 2
CLAIM BY SUPPLIER
(Sections 17 (5) and 24 (3) of Act No. 56 of 1996 and regulation 3 (2) of the Regulation
under the Act.)
Notes:
(i)
A separate form must be completed and lodged in respect of each injured or deceased
person who was accomodated in a hospital or nursing home, or was treated, or to
whom any service was rendered or goods supplied.
(ii)
This form must be completed in all its particulars. A clear reply must be given to each
question, and if a question is not applicable the words “not applicable” must be
inserted. A form on which ticks, dashes, deletions and alterations have been made
that are not confirmed by a signature, will not be regarded as properly completed.
(iii)
This claim must be sent by registered post or delivered by hand to the Fund.
(iv)
Where blocks are provided for the purpose of replying to a question, place a cross in
the appropriate block.
1.
Claimant: (medical or dental practitioner/nurse/supplier/pharmacist/hospital/nursing/home)
(a)
(b)
(c)
Full name
Registered qualifications
Address
2.
Injured or deceased person:
(a)
Full name
(b)
Registration letters and numbers of motor vehicle from the driving of which this
claim arises:
Name and address of owner at time of accident
(i)
(ii)
(iii)
Name and address of driver at time of accident
(c)
Accident:
Date
Time
Place
(d)
(e)
Nature of injuries
(i)
(ii)
(iii)
50
Names of hospitals/institutions in which he/she was treated or is being treated:
(f)
Classification for hospital purposes:
Private patient 
(g)
Hospital 
Hospital reference number:
3.
Treatment/services rendered/goods supplied:
(a)
Dates/duration of treatment/services rendered/goods supplied:
From
to
(b)
Nature/details of treatment/services rendered/goods supplied (specify each item):
R
R
R
R
R
TOTAL
R
4.
Accomodation in hospital/nursing home:
(a)
Period of acomodation—
from
(b)
(c)
to
Number of days ....................... at ....................... per day
Out-patient treatment—
R
Number ............................ at R............................ each
(d)
(e)
R
R
Operating theatre fee
R
Other (specify)
R
R
R
R
R
TOTAL
R
Signature
Date
Form 3
ACCIDENT REPORT FORM
51
(Section 22 (1) (a) of Act No. 56 of 1996 and regulation 3 (3) of the Regulations under the
Act.)
Notes:
(i)
When any person has been injured or killed as a result of the driving of a motor
vehicle, the owner and the driver of that motor vehicle must report that accident to
the Fund on this form within 14 days, failing which the compensation paid to the third
party may be recovered from that owner or driver.
(ii)
Where blocks are provided for the purpose of replying to a question, place a cross in
the appropriate block.
Postage
paid by addressee
THE DIRECTOR
ROAD ACCIDENT FUND
P.O. BOX 2743
PRETORIA
0001
Date of accident
1.
Motor vehicle:
(a)
(b)
Registration letters and numbers
Type of body
Propulsion:
Petrol 
Diesel 
Electricity 
2.
Owner at time of accident:
Full name
Gas 
Occupation
Postal address:
Telephone No.: Business
Home
3.
Driver at time of accident:
Full name
Occupation
Postal address:
Telephone No.: Business
Driver's Licence No.
Home
Date issued
Endorsements (if any)
Physical/Mental defects (if any)
Other motor vehicle(s) involved in accident concerned:
4.
52
Vehicle (i)
(a)
(b)
(c)
(d)
(e)
Vehicle (ii)
Vehicle (iii)
Registration letters and numbers
Name of owner at time of accident
Address of owner
Name of driver at time of accident
Address of driver
5.
Witness(es) to accident:
Witness (i)
Witness (ii)
Witness (iii)
(a)
Name
(b)
Address
6.
Person(s) injured or killed:
(i)
(a)
(b)
(b)
(c)
(d)
(e)
Address
7.
Date
Time
Place
Police station at which reported
Police reference number
8.
Conditions during accident:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(iii)
Name
Accident:
(a)
(ii)
Weather conditions:
Visibility:
Sunny 
Good 
Road surface:
Street lights:
Reasonable 
Gravel 
On
Dark
Other vehicles’ lights:
Cloudy

Rain 
Bad 
Tar

Off 

Own vehicle lights:
Sand 

Bright 
Bright 
Dim 
Dim 
Speed of own vehicle at time of accident
Sketch plan of accident:
(furnish approximate distances)
None 
None 
km/h
9.
53
N
E
W
S
N
W
E
S
10.
Detailed Description of accident:
I declare that to the best of my knowledge the information contained in this form is true
and correct.
Date
Signature of driver
Signature of owner
GNR.769 of 21 July 2008: Regulations
(Government Gazette No. 31249)
DEPARTMENT OF TRANSPORT
54
I, Jeffrey Thamsanqa Radebe, Minister of Transport, acting in terms of Section 26 of the
Road Accident Fund Act, 1996 (Act No. 56 of 1996), make the regulations in the schedule.
These Regulations are published for General information and Compliance and will come
into operation on the 01 August 2008.
(Signed)
J.T. RADEBE MP
MINISTER OF TRANSPORT
DATE: 7/07/2008
GNR.770 of 21 July 2008: Road Accident Fund Regulations, 2008
(Government Gazette No. 31249)
DEPARTMENT OF TRANSPORT
The Minister of Transport has, under section 26 of the Road Accident Fund Act, 1996 (Act
No. 56 of 1996), made the Regulations in the Schedule hereto.
SCHEDULE
ARRANGEMENT OF REGULATIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
RAF 1
Definitions
Further provision for liability of Fund in terms of section 17 (1) (b)
Assessment of serious injury in terms of section 17 (1A)
Further provision in respect of claim for loss of income or support in
terms of section 17 (4) (c)
Medical tariffs in terms of section 17 (4B)
Further provision for procedural matters contemplated in section 24
Forms
Transitional arrangement, and repeal of regulations
Commencement
THIRD PARTY CLAIM FORMS:
Personal details of claimant
Details of person claiming in representative capacity
Bank account details,
Bank account details of the claimant’s legal representative
Motor vehicle accident details
Passengers, pedestrians and cyclists
Driver / Motor cyclist
Details of other vehicles in the accident
Particulars of deceased (if applicable)
Safety measures
Details of Workman’s compensation
Witnesses
Employment status
Employed Details
Employer’s Details
Proof of income
55
RAF 2
RAF 3
RAF 4
Annexure A
Annexure B
Annexure C
RAF 5
Self Employed Claimants
Claims for loss of support
Compensation Claimed
Substantial compliance
Declaration of consent
Medical report
Declaration
SUPPLIER CLAIM FORMS:
Supplier’s bank account details
Bank account details of the supplier representative
Motor vehicle accident details
Injured’s / deceased’s details
Compensation claimed
Past emergency medical treatment
Past non emergency medical treatment
Pre-existing medical conditions
Medical treatment in medical facility / hospital
Declaration
Substantial compliance
ACCIDENT REPORT FORM:
Particulars of the driver of the vehicle
Particulars of the owner of the vehicle – complete where the driver
was not the owner
Particulars of the motor vehicle
Particulars of other motor vehicles involved in the accident
Particulars of the accident
Particulars of witness(es) to the accident
Particulars of person(s) injured / deceased
Conditions at the time of the accident
Sketch plan of the scene of the accident
Detailed description of the accident
Declaration
SERIOUS INJURY ASSESSMENT REPORT:
Details of patient
Details of medical practitioner
List of non-serious injuries
AMA impairment rating: to be completed if injury is not on list of nonserious injuries
Serious injury: the narrative test
Declaration
Upper extremity impairment evaluation
Lower extremity impairment evaluation
Spine and pelvis impairment evaluation
NOTIFICATION OF DISPUTE
To be completed where third party requests dispute resolution
To be completed where the fund requests dispute resolution
Indicate nature of dispute resolution
Assessment details
Rejection details
Details of dispute
56
Notification of dispute in relation to the assessment of a serious injury
1.
Definitions
In these Regulations, unless the context otherwise indicates—
(i)
“appeal tribunal” means the tribunal constituted in terms of regulation 3 (8);
(ii)
“AMA Guides” means the American Medical Association’s Guides to the
Evaluation of Permanent Impairment, Sixth Edition, or such edition thereof as
the Fund may from time to time give notice of in the Gazette;
(iii)
“dispute resolution form” means a duly completed form RAF5, attached hereto
as annexure E, or such amendment or substitution thereof as the Fund may
from time to time give notice of in the Gazette;
(iv)
“day” means any day other than a Saturday, Sunday or public holiday;
(v)
“fiscal year” means the period commencing on the first day of March of a given
year and ending on the last day of February of the subsequent year;
(vi)
“health care provider” means a health care provider, as defined in the National
Health Act, 2003 (Act No. 61 of 2003);
(vii)
“health practitioner” means a practitioner of a profession registrable in terms of
the Health Professions Act, 1974 (Act No. 56 of 1974);
(viii)
“medical practitioner” means a person registered as such under the Health
Professions Act, 1974 (Act No. 56 of 1974);
(ix)
“Registrar” means the Registrar of the Health Professions Council of South
Africa established in terms of section 2 of the Health Professions Act, 1974 (Act
No. 56 of 1974);
(x)
“serious injury assessment report” means a duly completed form RAF4,
attached hereto as annexure D, or such amendment or substitution thereof as
the Fund may from time to time give notice of in the Gazette.
2. Further provision for liability of Fund in terms of section
17 (1) (b)
(1) (a) A claim for compensation referred to in section 17 (1) (b) of the Act shall be
sent or delivered to the Fund in accordance with the provisions of section 24 of the Act, within
two years from the date upon which the cause of action arose.
(b) A right to claim compensation from the Fund under section 17 (1) (b) of the Act
in respect of loss or damage arising from the driving of a motor vehicle in the case where the
identity of neither the owner nor the driver thereof has been established, shall become
prescribed upon the expiry of a period of two years from the date upon which the cause of
action arose, unless a claim has been lodged in terms of paragraph (a).
57
(c) In the event of a claim having been lodged in terms of paragraph (a) such claim
shall not prescribe before the expiry of a period of five years from the date upon which the
cause of action arose.
(2) Notwithstanding anything to the contrary contained in any law a claim for
compensation referred to in section 17 (1) (b) of the Act shall be sent or delivered to the Fund
within two years from the date upon which the cause of action arose irrespective of any legal
disability to which the third party concerned may be subject.
3.
Assessment of serious injury in terms of section 17 (1A)
(1) (a) A third party who wishes to claim compensation for non-pecuniary loss shall
submit himself or herself to an assessment by a medical practitioner in accordance with these
Regulations.
(b) The medical practitioner shall assess whether the third party’s injury is serious in
accordance with the following method:
(i)
The Minister may publish in the Gazette, after consultation with the Minister of
Health, a list of injuries which are for purposes of section 17 of the Act not to
be regarded as serious injuries and no injury shall be assessed as serious if that
injury meets the description of an injury which appears on the list.
(ii)
If the injury resulted in 30 per cent or more Impairment of the Whole Person as
provided in the AMA Guides, the injury shall be assessed as serious.
(iii)
An injury which does not result in 30 per cent or more Impairment of the Whole
Person may only be assessed as serious if that injury:
(aa)
resulted in a serious long-term impairment or loss of a body function;
(bb)
constitutes permanent serious disfigurement;
(cc)
resulted in severe long-term mental or severe long-term behavioural
disturbance or disorder; or
(dd)
resulted in loss of a foetus.
(iv)
The AMA Guides must be applied by the medical practitioner in accordance with
operational guidelines or amendments, if any, published by the Minister from
time to time by notice in the Gazette.
(v)
Despite anything to the contrary in the AMA Guides, in assessing the degree of
impairment, no number stipulated in the AMA Guides is to be rounded up or
down, regardless of whether the number represents an initial, an intermediate,
a combined or a final value, unless the rounding is expressly required or
permitted by the guidelines issued by the Minister.
(vi)
The Minister may approve a training course in the application of the AMA
Guides by notice in the Gazette and then the assessment must be done by a
medical practitioner who has successfully completed such a course.
58
(2) (a) Unless otherwise provided in these Regulations, the costs of an assessment
shall be borne by the Fund or an agent only if the third party’s injury is found to be serious
and the Fund or the agent attracts overall liability in terms of the Act.
(b) The Fund or an agent may at its cost, at the request of a third party, make
available to the third party the services of, or, alternatively, refer the third party to—
(i)
a medical practitioner for purposes of an assessment in accordance with these
Regulations; and
(ii)
a health care provider, for purposes of collecting and collating information to
facilitate such an assessment if the Fund decides that there is a reasonable
prospect that a medical practitioner may assess the injury to be serious and the
third party lacks sufficient funds to obtain an assessment.
(3) (a) A third party whose injury has been assessed in terms of these Regulations
shall obtain from the medical practitioner concerned a serious injury assessment report.
(b) A claim for compensation for non-pecuniary loss in terms of section 17 of the Act
shall be submitted in accordance with the Act and these Regulations, provided that:
(i)
the serious injury assessment report may be submitted separately after the
submission of the claim at any time before the expiry of the periods for the
lodgement of the claim prescribed in the Act and these Regulations; and
(ii)
where maximal medical improvement, as provided in the AMA Guides, in
respect of the third party’s injury has not yet been reached and where the
periods for lodgement of the claim prescribed in terms of the Act and these
Regulations will expire before such improvement is reached, the third party
shall, notwithstanding anything to the contrary contained in the AMA Guides,
submit himself or herself to an assessment and lodge the claim and the serious
injury assessment report prior to the expiry of the relevant period.
(c) The Fund or an agent shall only be obliged to compensate a third party for nonpecuniary loss as provided in the Act if a claim is supported by a serious injury assessment
report submitted in terms of the Act and these Regulations and the Fund or an agent is
satisfied that the injury has been correctly assessed as serious in terms of the method
provided in these Regulations.
(d) If the Fund or an agent is not satisfied that the injury has been correctly
assessed, the Fund or an agent must:
(i)
reject the serious injury assessment report and furnish the third party with
reasons for the rejection; or
(ii)
direct that the third party submit himself or herself, at the cost of the Fund or
an agent, to a further assessment to ascertain whether the injury is serious, in
terms of the method set out in these Regulations, by a medical practitioner
designated by the Fund or an agent.
(e) The Fund or an agent must either accept the further assessment or dispute the
further assessment in the manner provided in these Regulations.
(4) If a third party wishes to dispute the rejection of the serious injury assessment
report, or in the event of either the third party or the Fund or the agent disputing the
59
assessment performed by a medical practitioner in terms of these Regulations, the disputant
shall:
(a)
within 90 days of being informed of the rejection or the assessment, notify the
Registrar that the rejection or the assessment is disputed by lodging a dispute
resolution form with the Registrar;
(b)
in such notification set out the grounds upon which the rejection or the
assessment is disputed and include such submissions, medical reports and
opinions as the disputant wishes to rely upon; and
(c)
if the disputant is the Fund or agent, provide all available contact details
pertaining to the third party.
(5) (a) If the Registrar is not notified that the rejection or the assessment is disputed
in the manner and within the time period provided for in subregulation (4), the rejection or the
assessment shall become final and binding unless an application for condonation is lodged with
the Registrar as well as sent or delivered to the other party to the dispute.
(b) A written response to the application for condonation may be submitted with the
Registrar within 15 days after receipt of the application for condonation and a reply thereto
may be lodged within 10 days.
(c) Every application for condonation, response and reply shall—
(i)
be clear and succinct and to the point;
(ii)
furnish fairly all such information as is necessary to enable the appeal tribunal
to decide the application; and
(iii)
deal with the merits of the dispute only insofar as is necessary for the purpose
of explaining and supporting the grounds for or against condonation.
(d) The Registrar shall refer the application for condonation together with any
response and reply to the appeal tribunal.
(e) The appeal tribunal when considering the application for condonation may call for
the submission of—
(i)
further information; or
(ii)
any additional documentation;
and the party concerned shall lodge with the Registrar the requested further information and
documents within the period stipulated by the appeal tribunal.
(f) If either party fails to comply with the direction given by the appeal tribunal, the
appeal tribunal may dispose of the application in its incomplete form without having regard to
the further information or documents called for.
(g) The appeal tribunal shall decide whether or not to condone the late notification of
a dispute and inform the parties accordingly.
60
(h) If late notification is not condoned, the rejection or the assessment shall become
final and binding.
(6) The Registrar shall within 15 days of having been notified of a dispute in terms of
subregulation (4), or notified that condonation is granted to a disputant in terms of
subregulation (5), inform in writing the other party of the dispute and provide copies of all the
submissions, medical reports and opinions submitted by the disputant to the other party.
(7) After being informed in terms of subregulation (6), the other party may:
(a)
in writing and within 60 days notify the Registrar which submissions, medical
reports and opinions are placed in dispute; and
(b)
attach to such notification the submissions, medical reports and opinions relied
upon.
(8) (a) After receiving the notification from the other party or the expiry of the 60 day
period, referred to in subregulation (6), the Registrar shall refer the dispute for consideration
by an appeal tribunal paid for by the Fund.
(b) The appeal tribunal consists of three independent medical practitioners with
expertise in the appropriate areas of medicine, appointed by the Registrar, who shall
designate one of them as the presiding officer of the appeal tribunal.
(c) The Registrar may appoint an additional independent health practitioner with
expertise in any appropriate health profession to assist the appeal tribunal in an advisory
capacity.
(9) (a) The Registrar shall in writing inform the parties who the persons are that he or
she has appointed in terms of subregulation (8).
(b) (i) If a party is aggrieved by any one or more of the appointments made by the
Registrar in terms of subregulation (8), such party shall within 10 days deliver a written
motivation to the Registrar and the other party, setting forth grounds upon which the party
objects to the appointment made.
(ii) The other party may respond in writing within 10 days by delivering a response
to the Registrar and the aggrieved party.
(iii) The Registrar may, upon receipt of a written motivation, and a response
thereto, if any, either confirm the appointment made in terms of subregulation (8) or
substitute any one or more of the initial appointments made, and such decision by the
Registrar shall be final.
(10) (a) If it appears to the majority of the members of the appeal tribunal that a
hearing for the purpose of considering legal arguments may be warranted, the presiding
officer of the appeal tribunal shall notify the Registrar to this effect in writing, stating reasons.
(b) When the Registrar receives the notification he or she shall request the
chairperson of the bar council, alternatively the chairperson of the law society, of the
jurisdictional area concerned, to appoint an advocate of the High Court of South Africa, or an
attorney of the High Court of South Africa, with at least five years of experience in practice.
(c) The advocate or attorney, once appointed, shall consider the reasons submitted
to the Registrar by the presiding officer of the appeal tribunal and shall within 10 days of his
or her appointment make a recommendation in writing on whether a hearing is warranted.
(d) The appeal tribunal shall consider the recommendation made by the advocate or
attorney and determine, in writing, whether the nature of the dispute warrants a hearing for
the purpose of considering legal arguments.
61
(e) If the appeal tribunal determines that a hearing is warranted, the appointed
advocate or attorney shall preside at the hearing and the Registrar shall—
(i)
inform the parties to the dispute that a hearing will be held at a place and time
determined by the appointed advocate or attorney;
(ii)
inform the parties that they are entitled to legal representation, at their own
cost, at the hearing and to present legal arguments at the hearing; and
(iii)
inform the parties of any additional procedures adopted by the advocate or
attorney appointed to preside at the hearing.
(f) The appointed advocate or attorney shall within 10 days of concluding the hearing
make written recommendations to the appeal tribunal in relation to the legal issues arising
from the hearing.
(g) The appeal tribunal shall consider the recommendations made by the said
advocate or attorney and determine, in writing, the legal issues.
(h) If the appeal tribunal determines in terms of paragraph (d) that the nature of the
dispute does not warrant a hearing or, if it determines that such a hearing is warranted and
the legal issues arising from the hearing have been determined in terms of paragraph (g), the
functions of the appointed advocate or attorney shall cease and the appeal tribunal shall
thereafter exercise any of the powers provided for in subregulation (11).
(11) The appeal tribunal shall have the following powers:
(a)
Direct that the third party submit himself or herself, at the cost of the Fund or
an agent, to a further assessment to ascertain whether the injury is serious, in
terms of the method set out in these Regulations, by a medical practitioner
designated by the appeal tribunal.
(b)
Direct, on no less than five days written notice, that the third party present
himself or herself in person to the appeal tribunal at a place and time indicated
in the said notice and examine the third party’s injury and assess whether the
injury is serious in terms of the method set out in these Regulations.
(c)
Direct that further medical reports be obtained and placed before the appeal
tribunal by one or more of the parties.
(d)
Direct that relevant pre- and post-accident medical, health and treatment
records pertaining to the third party be obtained and made available to the
appeal tribunal.
(e)
Direct that further submissions be made by one or more of the parties and
stipulate the time frame within which such further submissions must be placed
before the appeal tribunal.
(f)
Refuse to decide a dispute until a party has complied with any direction in
paragraphs (a) to (e) above.
(g)
62
Determine whether in its majority view the injury concerned is serious in terms
of the method set out in these Regulations.
(h)
Confirm the assessment of the medical practitioner or substitute its own
assessment for the disputed assessment performed by the medical practitioner,
if the majority of the members of the appeal tribunal consider it appropriate to
substitute.
(i)
Confirm the rejection of the serious injury assessment report by the Fund or an
agent or accept the report, if the majority of the members of the appeal
tribunal consider it is appropriate to accept the serious injury assessment
report.
(12) Unless there has not been compliance with directions issued in terms of
subregulation (11) (a) to (e) above, the appeal tribunal shall notify the Registrar of its findings
within 90 days after the referral of the dispute in terms of subregulation (8), or such additional
period as the Registrar may on application from the appeal tribunal authorise in writing.
(13) The Registrar shall inform the parties of the findings of the appeal tribunal, which
findings shall be final and binding.
(14) (a) The Fund shall bear the reasonable costs of the Health Professions Council of
South Africa arising from subregulations (4) to (13), as agreed between the Fund and the said
Council, or, failing such agreement, as determined by the Minister after consultation with the
Minister of Health.
(b) The Fund shall bear the reasonable fees and expenses, as determined or
approved by the Fund, of the persons appointed in terms of subregulations (8) and (10) (b).
4. Further provision in respect of claim for loss of income or support in terms of
section 17 (4) (c)
In proportionately calculating the annual loss of income or support referred to in section
17 (4) (c) of the Act, such loss shall be calculated per fiscal year.
5.
Medical tariffs in terms of section 17 (4B)
(1) The liability of the Fund or an agent contemplated in section 17 (4B) (a) of the Act,
shall be determined in accordance with the Uniform Patient Fee Schedule for fees payable to
public health establishments by full-paying patients, prescribed under section 90 (1) (b) of the
National Health Act, 2003 (Act No. 61 of 2003), as revised from time to time.
(2) The liability of the Fund or an agent contemplated in section 17 (4B) (b) of the Act
shall be determined in accordance with the tariff published by the Fund from time to time in
the Gazette and such tariff shall apply only in the case of the immediate, appropriate and
justifiable medical evaluation, treatment and care required in an emergency situation in order
to preserve the person’s life or bodily functions, or both.
(3) The liability of the Fund or an agent, in circumstances other than contemplated in
subregulations (1) and (2), including but not limited to the costs of alterations to a building or
premises, or modification of a motor vehicle, shall be based on any reasonable quotation
either submitted to or obtained by the Fund or an agent.
6.
Further provision for procedural matters contemplated in section 24
(1) Any reference in section 24 (1) (b) of the Act to the Fund’s principal, branch or
regional office, or to an agent’s registered office or local branch office, shall for the purposes
of compliance with that section, refer to such principal, branch or regional office of the Fund,
or registered office or local branch office of an agent, as the case may be—
63
(a)
which is situated nearest to the location where the occurrence from which the
claim arose took place; or
(b)
which is situated nearest to the location where the third party resides.
(2) (a) The Fund or an agent shall at any time after having received a claim for
compensation referred to in s 17 (1) of the Act, be entitled to require the third party
concerned to submit to questioning by the Fund or an agent at a place indicated by the Fund
or an agent or to make a further sworn statement regarding the circumstances of the
occurrence concerned or any aspect of it.
(b) In the event of the Fund or an agent requiring the third party to submit to
questioning or to make a sworn statement, or both, in terms of paragraph (a), no claim shall
be enforceable by legal proceedings commenced by a summons served on the Fund or an
agent before the third party has submitted himself or herself to questioning or has made the
sworn statement, or both.
7.
Forms
(1) A claim for compensation and accompanying medical report referred to in section
24 (1) (a) of the Act, shall be in the form RAF 1 attached as Annexure A to these Regulations,
or such amendment or substitution thereof as the Fund may from time to time give notice of
in the Gazette.
(2) A claim by a supplier referred to in section 24 (3) of the Act shall be in the form
RAF 2 attached as Annexure B to these Regulations, or such amendment or substitution
thereof as the Fund may from time to time give notice of in the Gazette.
(3) The particulars and statements referred to in section 22 (1) (a) of the Act shall be
furnished to the Fund in the form RAF 3, attached as Annexure C to these Regulations, or such
amendment or substitution thereof as the Fund may from time to time give notice of in the
Gazette.
8.
Transitional arrangement, and repeal of regulations
(1) These Regulations shall not apply to any claim for compensation under section 17
of the Act in respect of which the cause of action arose prior to the date on which these
Regulations came into operation, and any such claim shall be dealt with as if these Regulations
had not come into operation.
(2) Subject to subregulation (1) the Regulations promulgated by Government Notice
No. R. 609 of 25 April 1997 are hereby repealed.
9.
Commencement
These Regulations shall come into operation on 1 August 2008.
RAF 1
THIRD PARTY CLAIM FORMS
64
65
66
67
68
69
70
71
72
73
74
75
RAF 2
SUPPLIER CLAIM FORM
76
77
78
79
80
RAF 3
ACCIDENT REPORT FORM
81
82
83
84
85
86
RAF 4
SERIOUS INJURY ASSESSMENT REPORT
87
88
89
90
Annexure A
Upper extremity impairment evaluation
91
92
Annexure B
Lower extremity impairment evaluation
93
94
Annexure C
Spine and pelvis impairment evaluation
RAF 5
Notification of dispute
95
96
97
98
NOTICES
99
GN 109 of 8 February 2007. Notice for the Extension of Submission of Comments on
the Road Accident Fund Proposed Regulations
DEPARTMENT OF TRANSPORT
The Minister of Transport has, in terms of section 26 of the Road Accident Fund Act, 1996
(Act No. 56 of 1996) as to be amended by Act No. 19 of 2005, published the proposed Road
Accident Fund Regulations for public comment in Gazette No.29478 and No 29533
respectively.
The date for submission of the comment is hereby extended from the 31/01/2007 up until
the 20/02/2007. Interested parties can obtain copies of the Gazette, from the Government
Printers, Department and submit their comments to the Director-General, Department of
Transport for the attention of Mr. Marius Luyt at—
Department of Transport@
Forum Building
C/o Struben and Bosman Street
Pretoria
0001
E-mail address mariusl@dot.gov.za
Tel No: (012) 309 - 3980
NOTICES
GN 109 of 8 February 2007. Notice for the Extension of Submission of Comments on
the Road Accident Fund Proposed Regulations
DEPARTMENT OF TRANSPORT
The Minister of Transport has, in terms of section 26 of the Road Accident Fund Act, 1996
(Act No. 56 of 1996) as to be amended by Act No. 19 of 2005, published the proposed Road
Accident Fund Regulations for public comment in Gazette No.29478 and No 29533
respectively.
The date for submission of the comment is hereby extended from the 31/01/2007 up until
the 20/02/2007. Interested parties can obtain copies of the Gazette, from the Government
Printers, Department and submit their comments to the Director-General, Department of
Transport for the attention of Mr. Marius Luyt at—
Department of Transport@
Forum Building
C/o Struben and Bosman Street
Pretoria
0001
100
E-mail address mariusl@dot.gov.za
Tel No: (012) 309 - 3980
ROAD ACCIDENT FUND ACT,
NO. 56 OF 1996
(Prior to amendment by Act No. 19 of 2005)
Section 11 (1) (a) (iv)
(iv)
the appointment of the Chief Executive Officer;
ROAD ACCIDENT FUND ACT,
NO. 56 OF 1996
(Prior to amendment by Act No. 19 of 2005)
Section 11 (1) (a) (iv)
(iv)
the appointment of the Chief Executive Officer;
Section 17
17.
Liability of Fund and agents.—(1) The Fund or an agent shall—
(a)
subject to this Act, in the case of a claim for compensation under this section
arising from the driving of a motor vehicle where the identity of the owner or
the driver thereof has been established;
(b)
subject to any regulation made under section 26, in the case of a claim for
compensation under this section arising from the driving of a motor vehicle
where the identity of neither the owner nor the driver thereof has been
established,
be obliged to compensate any person (the third party) for any loss or damage which the third
party has suffered as a result of any bodily injury to himself or herself or the death of or any
bodily injury to any other person, caused by or arising from the driving of a motor vehicle by
any person at any place within the Republic, if the injury or death is due to the negligence or
other wrongful act of the driver or of the owner of the motor vehicle or of his or her employee
in the performance of the employee’s duties as employee.
(2) Upon acceptance of the amount offered as compensation in terms of subsection (1)
the third party shall be entitled to the agreed party and party costs or taxed party and party
costs in respect of the claim concerned.
(3) (a) No interest calculated on the amount of any compensation which a court
awards to any third party by virtue of the provisions of subsection (1) shall be payable unless
14 days have elapsed from the date of the court’s relevant order.
101
(b) In issuing any order as to costs on making such award, the court may take into
consideration any written offer, including a written offer without prejudice in the course of
settlement negotiations, in settlement of the claim concerned, made by the Fund or an agent
before the relevant summons was served.
(4) Where a claim for compensation under subsection (1)—
(a)
includes a claim for the costs of the future accommodation of any person in a
hospital or nursing home or treatment of or rendering of a service or supplying
of goods to him or her, the Fund or an agent shall be entitled, after furnishing
the third party concerned with an undertaking to that effect or a competent
court has directed the Fund or the agent to furnish such undertaking, to
compensate the third party in respect of the said costs after the costs have
been incurred and on proof thereof;
(b)
includes a claim for future loss of income or support, the Fund or an agent shall
be entitled, after furnishing the third party in question with an undertaking to
that effect or a competent court has directed the Fund or the agent to furnish
such undertaking, to pay the amount payable by it or the agent in respect of
the said loss, by instalments in arrear as agreed upon.
(5) Where a third party is entitled to compensation in terms of this section and has
incurred costs in respect of accommodation of himself or herself or any other person in a
hospital or nursing home or the treatment of or any service rendered or goods supplied to
himself or herself or any other person, the person who provided the accommodation or
treatment or rendered the service or supplied the goods (the supplier) may claim the amount
direct from the Fund or an agent on a prescribed form, and such claim shall be subject,
mutatis mutandis, to the provisions applicable to the claim of the third party concerned, and
may not exceed the amount which the third party could, but for this subsection, have
recovered.
(6) The Fund, or an agent with the approval of the Fund, may make an interim
payment to the third party out of the amount to be awarded in terms of subsection (1) to the
third party in respect of medical costs, loss of income and loss of support: Provided that the
Fund or such agent shall, notwithstanding anything to the contrary in any law contained, only
be liable to make an interim payment in so far as such costs have already been incurred and
any such losses have already been suffered.
Section 23 (3)
(3) Notwithstanding subsection (1), no claim which has been lodged in terms of section
24 shall prescribe before the expiry of a period of five years from the date on which the cause
of action arose.
Section 26
26. Regulations.—(1) The Minister shall or may make regulations to prescribe any
matter which in terms of this Act shall or may be prescribed or which may be necessary or
expedient to prescribe in order to achieve or promote the object of this Act.
(2) Any regulation contemplated in subsection (1) may for any contravention of or
failure to comply with its provisions or the provisions of this Act, provide for penalties of a fine
or imprisonment for a period not exceeding three months.
(Prior to amendment by Act No. 31 of 2005)
Section 1, definition—“fuel”
102
“fuel” means petrol and diesel;
Section 5 (1) (a)
(a)
by way of a fuel levy in respect of all fuel sold within the Republic; and
Section 5 (2)
(2) There shall be paid into the Fund monthly the amount of money by virtue of the
provisions of section 1 (2) (a) (ii) of the Central Energy Fund Act, 1977 (Act No. 38 of 1977),
calculated for the latest month for which such amount can be calculated, and such payments
shall be accompanied by statements reflecting the sale of fuel within the Republic.
Section 5 (3)
(3) The Chief Executive Officer shall from time to time withdraw money from the Fund
for repayment to the Commissioner for the South African Revenue Service of amounts of fuel
levy in respect of diesel refunded by the Commissioner and recoverable from the Fund in
accordance with the provisions of section 75 (1A) and (1B), respectively, of the Customs and
Excise Act, 1964 (Act No. 91 of 1964).
(Prior to amendment by Act No. 43 of 2002)
Section 10 (1) (a)
(a)
The Director-General: Transport; and
Section 10 (1) (b)
(b)
at least 11, but not more than 12, members appointed by the Minister, taking
into account the recommendations referred to in subsection (9), who may not
be in the full-time employment of any government, and who shall each
command extensive experience in one or more of the fields of insurance,
finance, medical service provision, law, accounting and actuarial science, or in
matters relating to disabled persons, road users, commuters’ or consumers’
interests.
Subsection 9, the words preceding paragraph (a)
(9) Whenever it is necessary to appoint a member referred to in subsection (1) (b) to
the Board—