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[2019] ZAECPEHC 75
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Mgweba v Road Accident Fund (3385/2016) [2019] ZAECPEHC 75 (4 November 2019)
IN
THE HIGH COURT OF SOUTH AFRICA
(EASTERN
CAPE LOCAL DIVISION, PORT ELIZABETH)
Case
No: 3385/2016
Date
heard: 1 November 2019
Date
delivered: 4 November 2019
NOT
REPORTABLE
In
the matter between:
LONWABO
MGWEBA
Plaintiff
And
ROAD
ACCIDENT FUND
Defendant
JUDGMENT
Beyleveld
AJ:
[1]
When this matter was called on roll call on 1 November 2019, the
plaintiff
sought certification that the matter is trial ready, whilst
the defendant contended that the matter was not ripe for hearing.
[2]
The
seriousness of the injury is not admitted by the defendant. The
plaintiff has, in order to claim general damages in terms of
s 17(1A)
of the
Road
Accident Fund Act
[1]
,
filed a serious injury assessment report
[2]
.
[3]
Form RAF5 was subsequently filed by the plaintiff who disputed the
rejection
by the defendant of the assessment submitted on behalf of
the plaintiff.
[4]
The Tribunal found in favour of the plaintiff confirming the injury
as
serious.
[5]
A copy of such finding is annexed hereto marked “A”.
[6]
Apparently the defendant was only recently furnished with a copy of
“A”.
[7]
Although “A” refers to the plaintiff, it is abundantly
clear
that the injuries referred to in “A” and which were
purportedly assessed, bear no resemblance to the injuries pleaded
in
the Particulars of Claim, and in particular bear no resemblance to
the injuries listed in the RAF4 forms submitted by the plaintiff.
[8]
Self-evidently the Tribunal either through an administrative error
recorded
the wrong injuries in the letter recording the plaintiff’s
injuries as serious or in error recorded the plaintiff’s
name
incorrectly as the name of the claimant who suffered the injuries
listed.
[9]
In either event, the Health Professions Council of South Africa
(HPCSA)
never brought out a finding in respect of the plaintiff’s
actual injuries.
[10]
This must obviously be corrected.
[11]
The unfortunate consequence is that the matter is not trial-ready.
[12]
As soon as a proper recordal of the finding of the HPCSA is to hand,
the parties may approach
the Judge President or Deputy Judge
President and attempt to seek approval for the allocation of a
preferential trial date.
[13]
I, therefore, make the following order:
[13.1] The Health
Professions Council of South Africa is directed to expeditiously
forward a proper finding on the plaintiff’s
injuries as
recorded in the RAF4 reports to the plaintiff’s attorneys;
[13.2] The plaintiff’s
attorneys are directed on receipt of such findings to forthwith
forward a copy thereof to the defendant’s
attorneys;
[13.3] The matter is
removed from the trial roll.
[13.4]The costs are
costs in the cause.
________________________
A.
BEYLEVELD
ACTING
JUDGE OF THE HIGH COURT
Appearances:
Obo
the Plaintiff:
Adv P.E Jooste
Instructed
by
Gregory Clark & Associates, 9 Buffelsfontein, Mount Pleasant,
Port Elizabeth
Ref: G Clark
Tel: (041) 367 3489
Obo
the Defendant:
Adv A. Frost
Instructed
by
BLC Attorneys, 4 Cape Road, Port Elizabeth
Ref: Mr Boonzaaier
Tel: (041) 506 3700
[1]
Act No. 56 of 1996
[2]
RAF4 to the Regulations promulgated in terms of s 26 of the Act,
R347 in GG 36452 dated 15 May 2013.