Mboyo-Iyuma v Passenger Rail Agency of South Africa (6158/2018) [2025] ZAWCHC 372 (20 August 2025)

Case Note

Bienvenu Mboyo-Iyuma v Passenger Rail Agency of South Africa
Case No: 6158/2018
Judgment Delivered: 20 August 2025

Reportability

This case is reportable due to its significance in addressing the complexities of personal injury claims, particularly in relation to the assessment of damages for loss of earnings and the determination of appropriate medical prosthetics. The judgment provides clarity on the application of expert evidence in quantifying damages and the principles governing the assessment of future medical expenses.

Cases Cited

• Bee v Road Accident Fund 2018 (4) SA 366 (SCA)
• Southern Insurance Association Ltd v Bailey NO 1984 (1) SA 98 (A)
• Singh v Ebrahim (413/09) [2010] ZASCA 145 (26 November 2010)
• PM obo TM v MEC for Health [2019] ZAGPJHC 1069 (26 September 2023)
• Road Accident Fund v Kerridge 2019 (2) SA 233 (SCA)

Legislation Cited

• None specified in the judgment.

Rules of Court Cited

• Rule 38(2) of the Uniform Rules of Court.

HEADNOTE

Summary

The plaintiff, Bienvenu Mboyo-Iyuma, sustained severe injuries, including an above-elbow amputation of his left arm, after being attacked on a train operated by the Passenger Rail Agency of South Africa. The court addressed the issues of past and future medical expenses, loss of earnings, and the appropriate prosthetic devices for the plaintiff. The parties reached a settlement on liability, with the defendant agreeing to pay 50% of the proven damages.

Key Issues

The key legal issues addressed in this case include the quantification of damages for loss of earnings, the assessment of future medical expenses, and the determination of the most suitable prosthetic device for the plaintiff's needs.

Held

The court held that the plaintiff is entitled to damages amounting to R5,475,318, which includes compensation for loss of earnings and future medical expenses. The court also ordered the defendant to pay the plaintiff's costs on a party-and-party basis.

THE FACTS

On 26 August 2017, Bienvenu Mboyo-Iyuma was attacked by unknown assailants at Koeberg station while traveling on a train operated by the Passenger Rail Agency of South Africa. The attack resulted in the plaintiff being pushed from the train, leading to an above-elbow amputation of his left arm and soft tissue injuries to his lumbar spine. The plaintiff, a former truck driver, sought damages for his injuries, including loss of earnings and future medical expenses.

THE ISSUES

The court had to decide several legal questions, including the quantification of past and future medical expenses, the assessment of past and future loss of earnings, and the appropriate prosthetic device for the plaintiff. The court also considered the implications of the plaintiff's unemployability and the necessity of future medical treatments.

ANALYSIS

The court analyzed the evidence presented by various expert witnesses, including orthopaedic surgeons, occupational therapists, and industrial psychologists. The court emphasized the importance of joint expert minutes, which carry significant weight in determining agreed facts. The court found that the plaintiff's injuries rendered him unemployable in the open labor market, and thus, a total loss of earnings had occurred since the incident. The court also considered the differing opinions on the suitability of myo-electronic versus cosmetic prosthetics, ultimately deciding on a dual approach to meet the plaintiff's needs.

REMEDY

The court awarded the plaintiff a total of R5,475,318, which includes damages for loss of earnings and future medical expenses. The defendant was also ordered to pay the plaintiff's party-and-party costs and the reasonable fees of expert witnesses.

LEGAL PRINCIPLES

The judgment established key legal principles regarding the assessment of damages in personal injury cases, particularly the need for a comprehensive evaluation of future medical needs and the impact of injuries on a plaintiff's earning capacity. The court underscored the importance of expert testimony in quantifying damages and the necessity for plaintiffs to mitigate their damages in claims for future medical expenses.