RABS Summary
The Road Accident Benefit Scheme (RABS) was a proposed bill in South Africa intended to replace the existing Road Accident Fund (RAF). It aimed to create a no-fault system for compensating road accident victims, eliminating the need to prove negligence.
Proposed Key features of RABS
Accident victims would receive benefits regardless of who caused the accident.
A set schedule would outline the benefits payable for specific injuries, aiming to simplify claims and reduce disputes.
RABS would cover medical costs related to the accident.
Those unable to work due to their injuries would receive income support.
Death benefits would be paid to the families of those killed in accidents.
Why APRAV and others opposed RABS
The Association for the Protection of Road Accident Victims (APRAV) and a coalition of other organizations, including legal professionals, medical experts, and civil society groups, successfully campaigned against the RABS bill. They argued that RABS had several significant flaws:
- Reduced benefits: RABS proposed capping benefits, potentially leaving seriously injured individuals with inadequate compensation for their long-term needs.
- Limited access to legal recourse: The bill restricted access to courts, making it harder for victims to challenge benefit decisions.
- Concerns about administrative capacity: There were doubts about the government’s ability to administer the new scheme efficiently.
- Lack of consultation: Critics felt the bill was rushed through Parliament without adequate consultation with stakeholders.
How APRAV and others stopped RABS
APRAV and its allies engaged in a multi-pronged strategy to oppose RABS, including:
- Public awareness campaigns: They raised public awareness about the bill’s potential negative consequences through media engagement and public demonstrations.
- Lobbying Parliament: They actively lobbied members of Parliament, presenting evidence and arguments against the bill.
- Legal challenges: They threatened legal action, arguing that the bill was unconstitutional.
This concerted effort created significant pressure on the government, ultimately leading to the withdrawal of the RABS bill. Despite its challenges, the existing RAF system remains in place for now.
Watch RAF CEO, Collins Letsoalo talking about APRAV being responsible for stopping RABS in its tracks.
The future of road accident compensation in South Africa
The debate over how to best compensate road accident victims continues. While RABS is off the table for now, the government may introduce a revised version in the future. APRAV and other stakeholders remain committed to advocating for a system that adequately protects the rights and needs of road accident victims.