Transport Minister Fikile Mbalula and the Road Accident Fund (RAF) are expected to be taken to court over a Government Gazette notice issued last month making it very difficult for foreign nationals to lodge a claim if they were in a vehicle accident.

It was announced last month that road accident victims who lodged a claim must issue proof that they were legally in the country at the time of the accident.

If not, their claims will not be considered, notes a Cape Times report.

Zimbabwean national Adama Mudawo is expected to approach the Gauteng High Court (Pretoria) on 7 September to ask that the notice be reviewed and set aside as being unconstitutional.

In terms of the directive, foreign nationals must not only submit proof that they were legally in the country at the time of the accident, but they must also submit a copy of their passport with an exit or entry stamp.

It is stipulated that if the foreign national does not have this required stamp in their passports, their claim may not be lodged, let alone be considered.

Mudawo said in court papers these requirements were unlawful and that many potential claimants would be prejudiced.

'Virtually on a daily basis foreigners are victims of motor vehicle accidents and qualify for compensation from the RAF under the legislation, which applies to both citizens and foreigners alike.'

Many foreigners lodged claims, he said, and many had already received judgments in their favour and were just awaiting payments.

Others had claims which were pending.

Full Cape Times report