RAF claims: Time for a more purposive approach to Prescription
The Road Accident Fund Act 56 of 1996 (“the RAF Act”) has been described as ‘social legislation’. Crucially, the Act’s fundamental objective is to provide protection to a wronged party who has suffered loss through the negligence or unlawful act on the part of a driver or owner of a vehicle. Prescription is a rule of law that is designed to bring finality to disputes. Consequently, prescription shuts the door on the claimant effectively disabling them to issue a claim once the time period has lapsed. In terms of the RAF Act, the period of prescription of a claimant’s claim…