RAF denies automatic liability in Limpopo bus disaster claims

The Road Accident Fund (RAF) has moved to correct what it described as misleading reports regarding its liability in connection with last week’s fatal bus crash in Limpopo, which claimed 43 lives and left several others injured.
In a statement issued this week, the RAF said that while families and survivors of the crash are entitled to lodge claims under the Road Accident Fund Act, each case will be independently assessed to determine whether the accident was wrongfully caused and therefore qualifies for compensation.
“It is not accurate that the RAF is automatically liable for all or any accidents,” the Fund said. “The liability of the RAF is established by the RAF Act, which provides in Section 3 that 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.”
The Fund said its liability can only be established after a proper investigation into each claim. “Until the claims are lodged with the RAF, we implore everyone concerned to allow the relevant authorities to conclude their investigations before any pronouncements are made on the liability of the RAF,” it said.
The Limpopo bus tragedy occurred when a cross-border bus travelling from Gqeberha in the Eastern Cape to Zimbabwe and Malawi overturned on the N1 near Louis Trichardt. The bus was carrying 91 passengers at the time of the crash. According to the Limpopo provincial government, 34 of the deceased have since been identified by their families.
The RAF extended its condolences to the families of the deceased and those injured, saying it stood ready to assist with claim lodgements once investigations were concluded. “The RAF sympathises with the families of those injured and deceased in the accident. We extend our deepest condolences and pledge to support them in lodging their claims for compensation,” the Fund said.
The RAF’s clarification follows growing public interest over how claims involving foreign nationals are handled, particularly in light of the Limpopo crash which involved passengers from several neighbouring countries.
Responding to questions earlier this month, RAF spokesperson McIntosh Polela revealed that between April and September 2025, the Fund paid R239.4 million in claims involving foreign nationals. “This amount includes all claim expenditure, capital or costs, related to foreign claims,” he said.
The RAF explained that while foreign nationals may be eligible for compensation, it must operate within the bounds of South African law. “As an organ of state, the RAF is obliged to comply with the provisions of Section 42 of the Immigration Act, which prohibits the aiding and abetting of illegal foreigners,” it said. “Where the RAF’s liability is established, the payment of compensation must not contravene any other law such as the Immigration Act.”
According to the Department of Transport, the RAF’s overall expenditure during the 2024/25 financial year amounted to R42.94 billion, covering 128,716 claims. Of this total, R548 million was paid in respect of claims where the claimant or injured person was a foreigner.
Acting Transport Minister Kgosientsho Ramokgopa revealed that a total of 222 personal claims were registered by foreign nationals, but only 17 of these had been successfully settled by mid-September 2025. A further 78 claims were repudiated, objected to, or flagged as duplicates, while 12 claims have offers in progress and 115 remain open and under assessment.
The figures have reignited debate in Parliament about the cost of compensating foreign nationals through the RAF. ActionSA Member of Parliament Alan Beesley raised concerns over the use of taxpayers’ money from the fuel levy to cover foreign claimants.
“It is quite a big concern that we use taxpayers’ money to pay foreigners,” Beesley said. “The question is why all of that is happening in our country? We need to look at how much the State spends on health and education for foreigners compared to South Africans.”
Beesley said there was a need to ensure that visitors to South Africa have their own medical cover to reduce the burden on local taxpayers. “The Road Accident Fund needs to be relooked to ensure that visitors to the country are properly covered. That is the whole reason we asked the questions to the minister, to find out how much it is costing the taxpayer,” he said.
Meanwhile, the RAF has encouraged all victims or their families who wish to lodge claims to contact its offices directly. The Fund’s contact centre can be reached on 087 820 1111 from Monday to Friday between 07h45 and 16h00, or via WhatsApp on 071 605 4707, SMS on 44930, or by email at contactcentre@raf.co.za.
The Fund said it remains committed to ensuring that all eligible claimants, whether South African or foreign, are treated fairly and that compensation is provided in accordance with the law.