CAPE TOWN – The Western Cape High Court has dismissed an application by the Road Accident Fund (RAF) to overturn a previous judgment ordering it to pay over R1.4 million in compensation to an undocumented Malawian national.
The decision reaffirms the court’s earlier ruling, which mandated the RAF to pay damages for injuries the man sustained in a motor vehicle accident — despite his undocumented immigration status.
🚗 Background: Rights Beyond Documentation
The RAF had argued that the claimant’s lack of legal status in South Africa invalidated his eligibility for compensation. However, the court found that constitutional rights to life, dignity, and bodily integrity extend to all individuals within the country’s borders, regardless of documentation.
Legal experts say the ruling is a landmark affirmation of migrants’ access to civil justice in South Africa.
🗨️ Legal Commentary
Human rights lawyer Sipho Matlala welcomed the ruling, stating:
“The law protects people, not papers. The court has upheld the principle that justice must not be selective.”
📌 What This Means
- The RAF is now compelled to honour the R1.4 million compensation order.
- The ruling could set precedent for future claims involving undocumented migrants.
- It also raises urgent questions about RAF policy and the rights of non-citizens injured in South Africa.
