Afternoon Drive withJoanne Joseph

Black Lawyers Association President, Lutendo Sigogo says the proposed withdrawal of the right to sue for damages against a person responsible for a car accident is merely protecting the wrongdoer.

This is a proposal tabled in the Road Accident Fund Benefits Scheme Bill, which the legal fraternity is opposing.

Read: Govt's planned Road Accident Benefit Scheme won't pay victims fairly - lawyer

If you take away the right to claim against the wrongdoer, the right to claim form the scheme, that in itself is just to protect the wrongdoer.

— Lutendo Sigogo, Black Lawyers Association President

It will only mean on our roads, impunity wins. Someone can drive in whatever way they want and there will be no consequences.

— Lutendo Sigogo, Black Lawyers Association President

But what happens when it is a genuine mistake?

There are incidents where you could see mistakes but the problem with this Act, it doesn't distinguish between intentional action and mistakes. Even if I can chase you and run you down in my car, in terms of RAF, you will not sue me. So we are saying this is wrong.

— Lutendo Sigogo, Black Lawyers Association President

Sigogo says provisions of the South African Constitution allows citizens to have fair access to courts and tribunal and sue those who have wronged them.

This means the Bill is against the constitution.

To hear the rest of the interview, listen below: