Tort Claims for Road Accident Compensation and Social Security in South Africa

Abstract

The statutory scheme of road accident compensation in South Africa encapsulates both the common law of tort or delict and the residue of liability insurance principles. The absence of meaningful interaction between the road accident compensation scheme and the broader social security system raises significant challenges. There are dissonant responses to the targeted misfortune, provision of benefits, financing, choice of remedies and socioeconomic-political priorities selected by the South African government. It is argued that the current scheme should be identified as falling squarely within a state-funded and regulated scheme of comprehensive social protection.