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in compliance with the law and SAFLII Policy
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION, JOHANNESBURG
Case Number: 26128/2015
(1) REPORTABLE: YES / NO
(2) OF INTEREST TO OTHER JUDGES: YES / NO
(3) REVISED: YES / NO
In the matter between:
MALOBA SEMENYA DAVID Plaintiff
and
ROAD ACCIDENT FUND Defendant
JUDGMENT
MALINDI J
Introduction
[1] This matter came before me on 5 June 2024. It proceeded on the issue of
quantum only on the two heads of claim under general damages and future
loss of earnings. Liability of the defendant was settled on an 80/20% basis in
favour of the plaintiff.
[2] T he whole matter had to be adjudicated upon the plaintiff’s expert reports only
which were handed in as part of the evidence without calling them to give oral
evidence in court.
The issue for consideration
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[3] Both the p ractice notes and pre- trial minutes dated 24 May 2024 recorded
that the issue of liability has been settled on an 80/ 20% basis in favour of the
plaintiff.
[4] An interim payment of R500 000.00 (Five Hundred Thousand Rand) was
made earlier.
[5] I have had consideration of the actuarial calculations and taken note of
paragraph 2.1 thereof . Essentially, the claimed income of the plaintiff’s
company is not substantiated and the plaintiff suffered the injuries shortly after
the company had started. I take judicial notice further that the plaintiff's
business was in the very precarious business scope of tendering services to
government departments or entities. Both these factors call for higher than
usual contingencies to be applied.
[6] I adopt the Basis 2 scenario that the plaintiff would probably had continued
working in his business up to age 70. I apply a 60% contingency on the future
loss of earnings. The total amounts to R1 636 019.60. That R1 636 019.60 is
a total of R1 036 976.00 for past income and R599 043.60 for future income.
[7] For general damages I make an award of R300 00.00. I have had regard to
his orthopaedic injuries and the neuropsychologist report which concludes
that the plaintiff has a moderate level of depression. His expressed complaints
and the clinical observations during testing and interview are consistent with a
mild brain injury which requires psychological therapy. Some of these
impulsive and aggressive behaviou r is consistent with his pre- accident
behaviour which, it seems, led to the loss of his previous job.
[8] There are no long-term sequelae to the plaintiff’s injuries.
Conclusion
[9] Having regard to the injury suffered by the plaintiff the prognosis of all experts
and the nature of the business that earned him an income shortly before the
incident, I am of the view that the order below is fair to all the parties.
[10] Therefore the following order is made:
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1. The Defendant is ordered to pay the Plaintiff an amount in the sum of
R1 636 019.60 (One Million Six Hundred and Thirty -Six Thousand, Nineteen
Rand and Sixty Cents) in respect of Loss of Earnings.
2. The Defendant is ordered to pay the Plaintiff an amount in the sum of
R300 000.00 (Three Hundred Thousand Rand) in respect of general damages.
3. From the total of the above amounts R500 000.00 which was paid as an interim
amount is subtracted and a total amount of R1 436 019.60 (One Million Four
Hundred and Thirty-Six Thousand, Nineteen Rand and Sixty Cents) is to be paid
to the Plaintiff.
4. The Defendant shall pay the aforementioned amounts within thirty (30) calendar
days from the date of this order. The amount will attract interest from the expiring
of the thirty (30) days if not paid to date of payment.
5. The aforesaid sum shall be paid directly into the Trust Account of Plaintiff’s
attorney of record MAFORI LESUFI INCORPORATED, details of which are as
follows:
Account name : M[…] L[…] I[…]
Bank : A[…] B[…]
Account number : 4[…]
Branch : 6[...] (E[…]).
6. The Defendant shall Provide the Plaintiff with an undertaking in terms of section
17(4)(a) of the Road Accident Fund Act, No 56 of 1996, for the costs of future
accommodation of the Plaintiff in a hospital or a nursing home or treatment of or
rendering of a service to Plaintiff or supplying of goods to the Plaintiff, arising out
of injuries sustained by Plaintiff in a motor vehicle collision, after such costs have
been incurred and upon proof thereof;
7. The Defendant shall pay the plaintiff’s taxed or agreed party and party costs on
High Court Scale B up and including the trial dates of the 5th and 06
th of June
2024, which costs shall include, but not limited to the following:
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7.1. The fees of Counsel on Scale B, including but not limited to the perusal,
consultation, preparation for hearing, and a day fee in respect of the
hearing date of the 05 th and 06 th of June 2024 and the date when this
order is made an order of court.
7.2. The reservation and preparation fees of experts, if any, as well as the
costs attendant in attending and obtaining to medico- legal experts, were
so deployed.
8. The above payment with regard to costs shall be subject to the following
conditions:
8.1. The plaintiff shall, in the event that costs are not agreed, serve the notice
of taxation on the defendant’s attorneys of record; and
8.2. The plaintiff shall allow the defendant thirty (30) calendar days to make
payment of the taxed and/or agreed costs.
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G MALINDI, J
JUDGE OF THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION
JOHANNESBURG
APPEARANCES
For the Plaintiff: L Jona
Instructed by: Mafori Lesufi Incorporated
For the Defendant:
Instructed by: State Attorney - Johannesburg
Date of hearing: 5 June 2024
Date of judgment: 21 November 2025