The Constitutional Court has dismissed with costs an application by the Road Accident Fund (RAF) for leave to appeal a high court order interdicting it from refusing to pay out for the medical expenses of accident victims who had already received medical aid payments.
"The Constitutional Court has considered the application for leave to appeal and has concluded that it does not engage the jurisdiction of the court. Consequently, leave to appeal must be refused," the apex court said in a ruling on Wednesday.
Discovery Health has been at the forefront of the battle with the RAF after the state-run insurance fund's acting chief claims officer last year instructed regional managers to stop paying out for claimants' medical expenses if accident victims had already been paid by their medical aids. Medical schemes have historically submitted claims to the RAF, which is funded via a R2.18 per litre levy on fuel purchases, to recover costs after footing the bill for members injured in road accidents.