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IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED: NO
Date: 17 June 2025 E van der Schyff
In the matter between:
MADLALA SIZWE
and
THE ROAD ACCIDENT FUND
Van der Schyff J PLAINTIFF
DEFENDANT
JUDGMENT CASE NO.: 2025-80181
[1] This matter was before me on 12 June 2025. The defendar;-i t did not appear. The
plaintiff applied in terms of Rule 38(2) of the Uniform Rules of Court that the expert
• . evidence be accepted on affidavit. I granted the application conditionally , reserving
the right to call any expert witness.
2
[2] After having heard counsel and read the expert reports, I am of the view that it is ,in
the interest of justice to hear the educational and industrial psychologists before the
quantum is finally determined for the plaintiff's claim for loss of income.
[3] The matter is thus partly heard before me, and the plaintiff must contact my registrar
to determine an appropriate date for the evidence to be heard.
[4] The plaintiff is, however, entitled to the costs of 12 June 2025 since the
postponement is for the most part attributed to the defendant 's absence.
ORDER
In the result, the following order is granted:
1. The matter is postponed sine die.
2. A date is to be arranged with Van der Schyff J's registrar for the plaintiff's
identified witnesses to testify.
3. In the event that the matter becomes settled, the parties may approach Van
der Schyff Jin chambers for the order by agreement.
4. Costs of the day, on scale B, are to be paid by the defendant.
Judge of the High Court
Delivered: This judgment is handed down electronically by uploading it to the electronic file of
this matter on Caselines. In the event that there is a discrepancy between the date the judgment
is signed and the date it is uploaded to Caselines, the date the judgment is uploaded to
Caselines is deemed to be the date that the judgment is handed down.
For the plaintiff: M.H. Mokale
2
3
Instructed by:
Date of the hearing:
Date of order1:
3 M.B. Mabunda Incorporated
12 June 2025
17 June 2025