Can an intoxicated driver claim from the Road Accident Fund

Under the current Road Accident Fund Act, the Road Accident Fund operates on a fault-based system. The fault-based system excludes a person from claiming from the Road Accident Fund if he/she was the sole cause of the accident. This means that an intoxicated driver cannot claim from the Road Accident Fund if he/she was the sole cause of the accident. For the contrary to occur, an intoxicated driver will have to provide proof that indicates that he/she was not the sole cause of the accident, and in most cases such evidence is difficult to gather.
However, this position may slightly change under the new proposed Road Accident Fund Amendment Bill. The new Bill proposes the replacement of the fault-based system with a benefit-based system known as the Road Accident Benefit Scheme (RABS). Contrary to reasonable expectation, the RABS does not overlook the liability of an intoxicated driver. Under the proposed Bill, the Road Accident Fund shall not be obliged to provide a benefit to a driver, or a pedestrian, or a cyclist, who was, at the time of the accident, over the legally prescribed alcohol limit or under the influence of a drug. This indicates that it would be immaterial whether the intoxicated driver was the sole cause of the accident or not, the mere fact that the driver was over the legally prescribed alcohol limit or under the influence of a drug precludes them from receiving a benefit from the Fund.