SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document
in compliance with the law and SAFLII Policy
IN THE HIGH COURT OF SOUTH AFRICA, MPUMALANGA DIVISION,
(MBOMBELA MAIN SEAT)
Case No.: 2779/2022
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED YES/NO
DATE 18 SEPTEMBER 2025
SIGNATURE NGWENYA AJ
In the application between:
NOMCEBO NDUBAZI PLAINTIFF
And
ROAD ACCIDENT FUND DEFENDANT
____________________________________________________________
JUDGMENT
NGWENYA AJ
[1] The Plaintiff issued combined summons against the Road Accident Fund
(“RAF”) for the payment of R4 750 000.00 (Four Million Seven and Fifty
Thousand Rand), following a motor vehicle accident that occurred on the 20 th
of October 2021 along the Bhayizane Gutswa Road.
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[2] According to the Plaintiff’s particulars of claim (“POC”), she was a passenger
when an unknown vehicle (“insured vehicle”), with registration numbers and
letters F[...], driven by an unknown driver (“insured driver”), drove in an
incorrect lane of travel, negligently causing an accident.
[3] As a result of the accident, she sustained the following severe bodily injuries:
3.1 Severe head injury
3.2 Multiple vertebral injuries
3.3 An open deep sculp wound
3.4 Facial, open face, and scalp injuries and wounds
3.5 Open wounds on the forehead
3.6 Multiple fractures on the thoracic spine
3.7 Loss of 31-week foetus
3.8 Multiple bruises and abrasions
[4] As a consequence of the injuries, she:
4.1 Incurred medical expenses. R10 000.00 (Ten Thousand Rand) for
past hospital and medical expenses. R290 000.00 (Two Hundred and
Ninety Thousand) for future hospital and medical expenses. Suffered
pain and suffering (general damages) in the amount of R1 850 000.00
(One Million Eight Hundred and Fifty Thousand Rand). Suffered a past
loss of employment in the amount of R500, 000.00 (Five Hundred
Thousand Rand). Lastly, su stained a future loss of earnings from
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employment in the amount of R3 100 000.00 (Three Million and One
Hundred Thousand Rand).
[5] Therefore, the Plaintiff’s total claim is R4 750 000.00 (Four Million Seven and
Fifty Thousand Rand) as reflected in paragraph 1 above.
[6] The RAF defended the claim and filed a plea.
[7] At the trial, I was informed by the parties’ legal representatives that all head s
of damages had been settled except general damages. Therefore, the matter
proceeded on the question of general damages. To that end, both parties
agreed that affidavits of relevant experts admitted in terms of Rule 38(2) will
serve as evidence. Accordingly, the parties relied on these reports and oral
submissions and written heads of arguments to make their respective cases.
The Expert Report
[8] The Plaintiff submitted expert reports , and the RAF did not . This is reflected
in the parties’ joint statement in terms of Rule 37A(9)(a)(i)-(ii).
[9] The relevant experts are:
9.1 Dr KS Bhila, an orthopaedic surgeon. Dr Bhila found the following
injuries:
(a) The Plaintiff sustained an open wound , thoracic spine fracture and
C spine fracture. He recorded acute pain, including muscle atrophy
and joint stiffness, as the seque lae from the injuries and
subsequent surgery.
9.2 Dr WG Nkabinde, a neurosurgeon. Dr Nkabinde found the following
injuries:
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(a) The Plaintiff sustained a severe head injury. He recorded mood
challenges like cognitive neurodecline as sequelae.
9.3 Dr Songababu, an obstetrician and gynaecolog ist. Dr Songa babu
found that the Plaintiff suffered loss of a foetus as a result of the
accident, but found that the Plaintiff’s future expectancy is not
compromised and that her future reproducti ve career is not
compromised as she can still conceive at her own will.
9.4 Dr Boitumelo Kenoshi, plastic and reconstruction surgeon. Dr Kenoshi
testified that the Plaintiff suffered permanent, prominent, symptomatic,
unsightly and disfiguring scarring on the face. She recommended a
scar revision treatment, post -operative wound care, scar management,
and scar modulation therapy to improve the appearance.
Parties’ Submissions
[10] During the hearing, the Plaintiff’s Counsel submitted as follows:
10.1 The Plaintiff was 29 years old at the time of the accident. She is now
33 years old.
10.2 Merits were settled at 100% and RAF conceded the seriousness of the
injuries.
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10.3 The Plaintiff suffered orthopaedic injuries , i.e. spine injuries, head
injury, and scapula fracture.
10.4 There is a potential that she has a 15% potential of suffering epilepsy.
10.5 She lost a foetus at the time of the accident.
10.6 Physical and psychological trauma.
10.7 Photos on page 208 show severe scarring on the face.
10.8 That her life has been fundamentally altered in the following manner:
(a) She suffers from back pain
(b) Neck pain
(c) Headaches
(d) Pain on the left side of the face
(e) Anger because of loss of foetus
(f) Panic attacks
(g) Altered body image
[11] I was then referred to case law in the heads of argument. I note that Plaintiff’s
Counsel referred me to case law and asked me to individualise the injuries for
purposes of quantum. Put differently he wanted me to quantify each injury and
determine compensation per that injury and then add up the different figures
assigned to each injury. This is not our law.
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[12] In conclusion, counsel for the Plaintiff urged me to make an award of
R1 500 000.00 (One Million and Five Hundred Thousand Rand).
[13] Counsel for the RAF submitted that the determination of general damages
requires an assessment of the injuries as a whole and not in isolation , as
submitted by Counsel for the Plaintiff. I agree with this submission.
[14] Counsel for the RAF further submitted that fractures will heal and that each
case must be decided on its merits.
[15] She further submitted that the head injury did not go to the brain.
[16] She concluded by submitting that an award of R800 000.00 (Eight Hundred
Thousand Rand) is the appropriate award.
[17] Having considered the pleadings, the expert reports, the parties’ oral
submissions and written heads of argument , I find that the Plaintiff suffered
severe injuries.
[18] Furthermore, I have considered the severity of the injuries, the potential of
social rejection due to the scarring and the overall long -term impact on the
Plaintiff's life and future, i.e., the fact that she would have to undergo long -term
treatment for the spine injuries, including facial surgery. Therefore, I find that
an award of R1 250 000.00 (One Million Two Hundred and Fifty Thousand
Rand) is a fair and just amount.
[19] In the premises, I make the following order:
1. The application in terms of Rule 38(2) is granted.
2. The Defendant is ordered to pay the Plaintiff the amount of R1 250 000.00.
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3. Interest on the amount above at the rate of 15.5% per annum from a date
fourteen days after the judgment of payment.
4. The Defendant shall pay the Plaintiff ’s taxed or agreed party -to-party costs
in the High Court scale to date at 15.5% interest per annum , subject to the
taxing master’s discretion, such costs to include the following:
(a) The costs of Counsel
(b) The costs of medico -legal and addendum reports, joint and expert
reports served on the defendant , including costs of any and special
medical investigation.
(c) The reasonable fees of experts.
(d) The reasonable costs incurred by and on behalf of the Plaintiff , as well
as the expenses consequent to attending the medico-legal examination.
T S NGWENYA AJ
ACTING JUDGE OF HIGH COURT,
MPUMALANGA, MBOMBELA
Date of hearing: 19 MAY 2025
Date of judgment: 18 SEPTEMB3ER 2025
Counsel for the Applicant: Ms C P Khumalo
Instructed by: QQ Mkhatshwa Inc
Tel : 013 752 5283 / 065 874 9108
Email Address Litigation1@qqma.co.za
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Counsel for the Respondent: Adv Maleka
Instructed by: State Attorney Mbombela
Email Address Thulanim@raf.co.za