Discovery Health Seeks Compliance from Road Accident Fund in Medical Expenses Dispute

Discovery Health has taken legal action against the Road Accident Fund (RAF) and its CEO, Collins Letsoalo, over alleged non-compliance with a court ruling regarding medical expenses.

During a special court hearing, Advocate Wim Trengove, representing Discovery, argued that the RAF was in breach of a 2022 judgment prohibiting the withholding of payments for past medical expenses from road accident victims who were compensated by medical schemes.

The 2022 ruling by Judge Mandla Mbongwe in the Pretoria High Court clearly stated that the RAF’s directive against paying for past medical expenses of compensated claimants was unlawful.

Following unsuccessful appeals by the RAF to higher courts, Discovery pressed for compliance, refraining from seeking contempt charges but aiming to compel adherence to the court decision.

Advocate Trengove highlighted several instances where the RAF continued to enforce the disputed directive, despite the legal ruling against it.

Recent revelations of additional directives by the fund aimed at circumventing the Mbongwe judgment were brought to the court’s attention.

Advocates representing the RAF, including Cedric Puckrin and Gerhard Cilliers, argued that the fund had the right to implement the directive during the appeal process.

They contended that Discovery’s case was not about enforcing the Mbongwe ruling but introducing new claims based on individual examples that did not prove breach of the court decision.

The debate focused on whether subsequent directives from the RAF undermined the original court ruling or constituted a separate matter requiring distinct legal action.

Both sides presented arguments on the interpretation of the law and the fund’s obligations towards compensated claimants, with Discovery emphasizing the fund’s duty to comply with court orders.

After a detailed hearing, the court reserved judgment on the matter.