The Minister of Transport intends introducing the Road Accident Fund Amendment Bill to Parliament in October 2003. The explanatory summaryof the bill is published in accordance with Rule 241 (c) of the Rules of the National Assembly.
(As introduced in the National Assembly as a section 75-Bill; explanatory summary of Bill published in GovernmentGazette No.
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
To amend the Road Accident Fund Act, 1996, so as to make further provision for the liability of the Fund anditsagents; to providefor the determination, in accordance with a prescribed tariff, of the liability of the Fund in respect of medical and related costs; to render deductibie all collateral benefits resulting in double compensation inthe case of a bodily injury ordeath; to limit the liability of the Fund in respect of the claims of non-residents of the Republic; to exclude the liability of the Fundin respect of a claim for. emotional shock sustained as a result of witnessing, observing or being informed of the bodily injuryor death of another person; to provide for the resolution of disputes through mediation and arbitration in accordance witha prescribed procedure; and to provide formatters connected therewith.
[shall be entitled] must, after furnishing the third party concerned with an undertaking to that effect or a competent court has directed the Fund or -.the agentto.
[to] pay the amount payable byit or the agent in respect of the saidloss, by instalments in arrear [as agreed upon.
includes a claim for future non-patrimonial loss, the Fund or an agent must, after furnishinn the third party concerned with that effect or a competent court has directed the Fund or the agent to that portion of the amount payablebv the Fund or the aqentin respect of the saidloss, that exceeds the prescribed amount.
17A. The liability of the Fund or an aqent to compensate a third party in respect of the costs of accommodationin a hospital or nursinahome, medical goods is limited to the prescribed medical tariff.
17B. Where a third partv is entitled to compensation in terms of benefits from whatever source, including insurance, pension or gratuitous benefits, payable to the third party as a result of that iniurv or death must be deducted from the compensation payable in terms of this Act, except benefits which the.third party Drovesto be leaallv reimbursable to the payer after comDensation had been paid in terms of this Act.
Amendment of section 18 of Act 56 of 1996 3.
loss or damaqe contemplated in section 17 is limited to the amount determined bv the Minister. on the recommendationof the Board, bv notice in the Gazette or the amount determinedin accordance with section17B. whichever is the lesser amount.
Amendment of section 19 of Act 56 of 1996 4.
Amendment of section 24 of Act 56 of 1996 5.
before the expiry of a period of120 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 before all requirements contemplated in section 19(0 have been complied with: Provided thatif the Fund or the agent repudiates in writing liability for the claim before the expiry of the said may at any period, the third party time after such repudiationserve summons on the Fund or the aglent, as the case may be unless the third Dartv has exhausted the prescribed procedure for the resolution of diswtes through mediation and arbitration.
Act, and any such claim must be dealt with as if those sections of this Act had not been enacted.
Sections 17(4)(a) and (b) asamendedbythisAct, section 17(4)(c) and section24(6) as amended by this Act, apply toall claims for compensation under section17 of the principal Act, that have not been finalised prior to the commencement date of this Act.
26 of the any notice published in theGazettewithin a period of three months after the commencement dateof this Act and as a result of this Act, may provide that such regulation or notice must be deemed on the to have come into operation commencement date of this Act.