RAF - INTRODUCTION Flashcards
SELF STUDY
When did the Road Accident Fund Amendment Act No. 19 of 2005 become operative?
a) 1 May 1997
b) 1 August 2008
c) 1 July 2007
d) 1 January 2010
b) 1 August 2008
True/False: The Road Accident Fund (RAF) Act guarantees unlimited compensation for all motor vehicle accident victims.
False
What is the primary objective of the RAF Act amendments introduced in 2008?
To limit the liability of the RAF and ensure the financial survival of the statutory compensation system.
What type of law is the RAF Act an example of?
a) Constitutional law
b) Criminal law
c) Socio-economic legislation
d) Administrative law
c) Socio-economic legislation
True/False: Under the current RAF legislation, victims can claim directly from the driver at fault for damages exceeding RAF limits.
False
Name one similarity between voluntary motor vehicle insurance and the RAF system.
Both involve payment of premiums (fuel levy in the RAF case).
Which year marked the beginning of compulsory motor vehicle insurance in South Africa?
a) 1942
b) 1946
c) 1972
d) 1989
b) 1946
True/False: The RAF Act abolished the common law right to sue for emotional shock injuries.
False
What key skill should an attorney demonstrate when handling MVA claims?
Compassion and care for the client through efficient communication.
What legal principle forms the basis of all RAF claims?
a) The law of contract
b) The law of delict
c) Constitutional law
d) Family law
b) The law of delict
True/False: Attorneys handling RAF claims must consider criminal law aspects like reckless and negligent driving.
True
What does Section 21 of the current RAF legislation address?
Abolition of certain common law claims.
Which court case declared certain limitations under the preceding RAF legislation unconstitutional?
a) RAF v Smith
b) Da Silva v RAF
c) Mvumvu v RAF
d) Sweatman v RAF
c) Mvumvu v RAF
True/False: RAF claims require attorneys to understand both Magistrates’ and High Court procedures.
True
List one hidden cost of litigation that attorneys should explain to clients upfront.
Adverse cost orders or delays in litigation.