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People have taken sides and the battle has started over the new Road Accident Fund (RAF) Amendment Bill that was signed into law by President Thabo Mbeki last month.

Critics of the bill say it was drafted without proper consultation of stakeholders and quickly ran through Parliament before Christmas when the ANC led government was sure people would not be around. Lawyers, healthcare providers and an NGO called Coalition on the Road Accident Fund intend to challenge the law at the Constitutional Court.

The new law does not allow for lawsuits against negligent drivers and puts a ceiling of R160,000 per year on the amount of money victims can claim as lost wages because of a road accident. Also, the fund will no longer pay huge hospital bills nor will they pay unlimited legal fees as they had in the past. According to the department of transport's Director for Policy and Coordination, Marissa du Toit, the fund was abused in the past and the new law will stop that abuse. The fund was seen as a cash cow by law firms who often padded their claims because the fund just paid out. Du Toit explained to critics that the government was trying to ensure that the fund is sustainable. Having no ceilings on the amount paid to lawyers and healthcare providers was milking the fund dry. As for the complaints over the limited lost earnings in the law, Du Toit was quoted in an article in The Mercury as saying, "The RAF is not here to protect lifestyles... The R160,000 annual income is comparable to most first world countries". Du Toit also said that the new law makes provision for passengers to enjoy the same benefits as drivers. This was not the case before.

Spokesperson for the Coalition on the Road Accident Fund, Andre Calitz believes that the new law is taking accident victims rights away. Victims will no longer be able to get proper healthcare and legal representation. Calitz believes that the law is violating some of South African citizens' basic human rights and as such they intend to take the case to the Constitutional Court.

Transport Minister, Jeff Radebe, says that the new law will save the government between R500 million and R1.6 million over the next five years. The fund has a net total liability of R19.8 billion.