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IN THE HIGH COURT OF SOUTH AFRICA
MPUMALANGA DIVISION, MBOMBELA
CASE NO: 302/2024
REPORTABLE: NO
OF INTEREST TO OTHER JUDGES: NO
REVISED. 7] | _
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DATE SIGNATURE
in the matter between:
MAHLANGU SFISILE BRUNHILDA DOROTHY PLAINTIFF
and i
ROAD ACCIDENT FUND DEFENDANT
JUDGMENT
Managa AJ
Introduction
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[1] The plaintiff, Ms Mahlangu, is an adult female employed as a road worker at
the Department of Public Works, Roads and Transport, Mpumalanga Province.
[2] The plaintiff has instituted a claim against the defendant for injuries sustained
in a motor vehicle accident that occurred on 3 October 2020 at approximately 23h00
near Carolina, Mpumalanga Province. She was a passenger in the motor vehicle /
driven by one Ntokozo Precious Zulu, the insured driver, with Registration Number
JRP 565 MP. At the time of the accident, the plaintiff had been employed as a road
worker for 13 years.
[3] The defendant has conceded merits 100% in favour of the plaintiff. The issue
of general damages is postponed sine die. :
[4] The issue for determination is the plaintiff's loss of future income. The plaintiff
filed expert reports of the Actuary, N Waisberg, the Occupational Therapist, Mr S
Dhlamini; the Orthopaedic Surgeon, Dr RS Ngobeni; and the Industrial Psychologist,
| Ms PG Baloyi (“Ms Baloyi”). On the other hand, the defendant did not file any expert
| report.
Plaintiff's case
| [5] The plaintiff called one expert witness, an Industrial psychologist, Ms Baloyi.
She referred to the report of the Orthopaedic Surgeon, which states that the plaintiff
“sustained soft tissue injury of the lumbar spine. He states that she is neurologically
| intact, however she has tenderness on palpation of the lumbar spine with reduced
| ranges of motion and her X-rays show spondylosis of the 15/51 vertebrae”. :
| [6] The expert testified that the plaintiff reported that pre-accident, she received
| bonuses, and post-accident, she did not receive any. |
| [7] She testified that the foreman told her that the plaintiff would not be promoted
currently and is not fit for her pre-accident job. She testified that the plaintiff's
L
| supervisor indicated that the plaintiff is not permanently employed but is rather
| temporarily employed.
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[8] The expert testified that the plaintiff was unable to do her pre-accident job,
and she is not suited for her current job. The plaintiff is accommodated in her current
position. However, should the company decide to fill the vacant post of transport
officer, she will be in the cold or limbo, and at risk of losing her job. This is because
she cannot meet the physical demands of the job she did pre-accident.
| [9] The plaintiff indicated that she resumed her pre-accident employment and
| was offered a position as a transport officer to accommodate her condition since the
| Neurosurgeon declared her suited to execute light duties only. She is therefore
| responsible for filling trip sheets and allocating cars to staff. She works in the office,
Monday to Friday from 07:45 to 16:15. She indicated that she is occupying the
position until the department finds someone.
|
[10] She reported that an income of R13 831.37 (including housing allowance)
was verified. She also qualified for a 13" cheque and her notch is R147 036.00.
[11] The plaintiff reported that she did not receive any performance bonus
post-accident. Her foreman reported that she will no longer qualify for a promotion,
given her post-accident condition. Further, expert reports indicate a reduction in her
| physical capacity, which renders her unsuited for her pre-accident work.
| [12] She does not have the relevant qualifications or work experience for her
| post-accident residual physical capacity and will therefore struggle to re-enter the job |
market.
| [13] The plaintiff's supervisor, Ms Mpila, described her as a hand worker who |
| executed her duties well. She further reported that she had a chance of being
promoted to level 5. She reported that she met the requirements. She, however, |
mentioned that she would not know when that would be since it depended on the |
availability of posts and whether her application would be considered or not. |