. IN THE HIGH COURT OF SOUTH AFRICA v
: GAUTENG LOCAL DIVISION, JOHANNESBURG ‘
DELETE WHICHEVER IS NOT APPLICABLE
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED: NO a
DATE SIGNATURE
CASE NO: 2019-19802
I
In the matter between: -
CHRISTOPHER MTIKA PLAINTIFF
and
ROAD ACCIDENT FUND DEFENDANT
i JUDGEMENT
-2- .
CAJEE AJ
1. This matter came before me as a Default Judgment Application in which
the Applicant sought an order for payment in the sum amount of
R3 373 408 (Three million three hundred and seventy three thousand four
hundred and eight rand only), which, having regards to the heads of
argument uploaded by counsel is made up as follows:
1.1. Past Loss of Earnings- R320012
1.2. Future Loss of Earnings — R 2 673 408
1.3. General Damages - R 700 000
In addition the Plaintiff seeks a statutory undertaking for his future hospital
and related expenses.
2. Despite how the amount claimed is computed in the heads of argument
there is also a prayer in the draft order that the claim for general damages
be postponed sine die.
3. There is no indication that the Defendant ever conceded liability for general
damages or that the HPCSA ever found that the Plaintiff is entitled to
same. In the circumstances this claim has to be postponed as a court has
no jurisdiction to determine liability for general damages in the absence of
3.
these factors. See in this regard Knoetze obo Malinga and Another v Road
Accident Fund (77573/2018 & 54997/2020) [2022] ZAGPPHC 819 (2. »
November 2022). :
4. The uploaded heads of argument and draft order also do not mention the
fact that there was a settlement in respect of the issue of negligence as
discussed hereunder. In the premises whatever order | make in respect of
quantum has to be reduced by 50%.
5. The Plaintiff is from Malawi. He was in possession of a temporary asylum
seeker permit at the time of the accident. This permit expired in December
2018. He allegedly has not applied for an extension of this permit pending
a final determination in respect of his application for asylum. His stay in
South Africa is thus illegal and he runs the risk of deportation should he
ever be caught. It appears that the Applicant applied for and was granted a
temporary asylum seeker permit solely in order to legalise his stay in South
Africa. According to the report of the Industrial Psychologist and the other
expert reports there is no indication that he left Malawi for political reasons
or that he was being persecuted there for any reason. | will return to this
aspect later in the judgment. .
6. In his heads of argument Adv. Tshungu sets out the injuries the Plaintiff
sustained in the accident, his alleged pre and post-accident employment
history and the expert opinion in respect of the medico-legal assessments
he attended.