Transport Minister Barbara Creecy. (Photo: Theo Jeptha / Gallo Images / Die Burger) 
Transport Minister Barbara Creecy has called on the Road Accident Fund (RAF) board to develop a plan to decrease the backlog of cases currently clogging the court roll in the Gauteng Division of the High Court.
In a written response to questions from Daily Maverick, the Department of Transport confirmed that Creecy and Deputy Minister Mkhuleko Hlengwa had met members of the legal fraternity and the RAF board separately in the hope of finding a solution to a problem that threatened to cripple the court system.
Daily Maverick had previously reported on how RAF cases were adversely affecting the Gauteng Division of the High Court, pushing trial dates for personal injury cases as far back as October 2029. The growing backlog poses a threat to the constitutionally enshrined right to access justice, as many claimants have to wait years before seeing any money from their claims.
Read more: How Road Accident Fund cases are crippling the Gauteng High Court
Due to the growing outcry and backlog, Creecy has stepped in, demanding a turnaround plan.
“This matter is of great concern to (the minister and deputy minister). Consequently, they have met with the RAF board to deliberate on this matter, where the RAF was requested to develop a plan that details short and long-term measures to address the backlog. Once the turnaround plan is in place, it shall be made available to the affected stakeholders and the public,” the department said in a written reply.
The department added that Creecy had held a “preliminary discussion” with Justice Minister Thembi Simelane regarding the backlog of cases in the judicial system. The department would not provide additional information on what was discussed, however those in the legal community believe there is an urgent need for more judges to be appointed to deal with the case backlog.
Read more: Angry doctors’ plea to minister to pay huge Road Accident Fund bills
The two high courts in Gauteng, based in Johannesburg and Pretoria, deal with a staggering 45% of all cases before all high courts in South Africa. The vast majority of the cases being heard in these courts are personal injury cases, stemming from claims against the RAF, South African Police Service and other government departments.
Within the personal injury category, the RAF cases are the bulk and due to the sheer number of RAF cases before the Gauteng courts in Pretoria and Johannesburg, court administrators have asked senior lawyers act as judges on a pro-bono basis to help clear a backlog of unanswered summons sent to the RAF.
A summons is a document that the plaintiff in a personal injury case serves on the defending party as the first salvo in a court case. It contains the nature of the injury and an indication of how much is being claimed. If the summons goes unanswered, the plaintiff can ask the court for a default judgment, but the court must still make sure that every aspect of the claim is correct.
Read more: Shortage of judges is severely hampering delivery of justice in Gauteng’s high courts
In the case of the RAF hundreds of summonses have gone unanswered, according to Gauteng Judge President Dunstan Mlambo.
Mlambo said judges were dealing with hundreds of default judgments each week, having to decide on whether the claim amounts were fair, because the RAF ignored summons. This was diverting much-needed resources away from other matters.
Read more: High court puts brakes on R11m RAF claim – cuts it down to R800,000
Lawyers from the Pretoria Attorneys Association and Legal Society of South Africa have raised concerns about the impact that RAF cases are having on the courts in Gauteng.
“I don’t think it is a broader problem yet, but it will become one if something is not done about this,” said Marianne Pretorius, a member of the Law Society of South Africa’s (LSSA’s) Court Committee. Pretorius said the Gauteng courts were adversely affected because the RAF’s offices were located in Pretoria, and as a result the majority of claims were filed within the Gauteng jurisdiction. Pretorius was part of the meeting with Creecy, and said a second meeting was scheduled for September.
“We were quite happy with the meeting. It opened up the door for us to work together,” she said.
The RAF has denied that its cases are causing the backlog, accusing lawyers of wanting to enrich themselves.
“The lawyers are being disingenuous about their concerns regarding the backlog. They must not try and bring back the panel of attorneys to enrich themselves via the back door,” said McIntosh Polela, the RAF communications manager. In 2020, RAF CEO Collins Letsoalo scrapped a system in which the organisation had a panel of attorneys who would act on its behalf in court. It now relies on the state attorney to represent it in court and uses a panel of attorneys for complex cases. DM