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REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
Case Number: 110142/24
In the matter between:
THEMBELIHLE HOPE NYAMBENI Plaintiff
and
ROAD ACCIDENT FUND Defendant
Delivered: This judgment was prepared and authored by the Judge whose name is
reflected and is handed down electronically by circulation to the parties/their legal
representatives by e -mail and by uploading it to the electronic file of this matter on
Caselines. The date for hand-down is deemed to be 30 March 2026.
JUDGMENT
N.SOVITI-ZWEDALA AJ
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED: YES
30 MARCH 2026 ____
DATE SIGNATURE
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INTRODUCTION
[1] The matter before court on default basis as the defendant failed to enter an
appearance of Intention to Defend. It is before court for both merits and quantum
adjudication. Plaintiff is claiming for damages she suffered when she involved
in a motor vehicle accident on the 9 April 2021 from the defendant. She was a
passenger at the time of the accident, and she sustained injuries from the
accident in discussion.
MERITS
[2] She was a passenger and the defendant is 100% liable to pay for plaintiff’s
proven damages.
QUANTUM
[3]
1. General damages postponed sine die as there is no election from the defendant.
2. Loss of earnings to be delta with hereunder.
LOSS OF EARNINGS
INJURIES SUSTAINED
[4] Soft tissue head injury, abrasions, GCS 15/15. She was treated and discharged
the very same day of the accident, 9 th April 2021. She went back to hospital on
the 19 August 2022 with issue of bleeding from her ears.
EXPERTS REPORTS PERUSAL
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[5] Post-accident the plaintiff is reported to be suffering from partial hearing loss.
However, the plaintiff denies this problem. As per the report of the ENT reported
herself that pre -accident of she has generally been suffering from Ear Otalgia
and that her life has been the life with the ear otalgia. When she visited hospital
on the 19 August 2022 a year four months post-accident, her health deteriorated
in that she suffers from meningitis. The meningitis affects her academic
progress in that pre-accident she could have probably achieve Grade 12 with a
Degree entry. And post-accident she has Grade 11 level of education.
ANALYSIS OF EVIDENCE BEFORE COURT
[6] The principle that plaintiff should be taken as he/she was pre-accident is of great
importance as it gives clue of plaintiff’s life/health in general. In this case the
plaintiff was suffering from Ear Otalgia in that she had a pre -existing condition.
Then the accident happened, she was treated same day was discharged, 1 year
four months later she came back to hospital with ear bleeding. The plaintiff’s
final diagnosis she is suffering from Meningitis. The plaintiff’s pre -accident
condition is a condition th at can complicate leaving the patient suffering from
meningitis. The plaintiff’s pre -accident condition cannot be ignored, and it is
acceptable to say the accident has exacerbated a pre-existing condition. In that
both the pre -existing and the accident have contribution to the unfortunate
situation the plaintiff finds herself in health-wise.
[7] The meningitis has negatively affected the plaintiff’s future career and job
opportunities. Having read all the reports my prima facie view is that her pre -
morbid and post-morbid are the same.
[8] I have used the second calculations from the plaintiff dated 12 February 2026:
Scenario 2 Diploma
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Uninjured Income Injured Income
Future R14 377 313-25% R14 377 313-40%
=R10 782 985 =R8 626 388
R10 782 985-R8 626 388= R2 156 597
Loss of Earnings : R2 156 597
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N SOVITI-ZWEDALA
ACTING JUDGE OF THE HIGH COURT
GAUTENG DIVISION, PRETORIA
APPEARANCES:
For the Applicant: Adv R M Mthembu – (076 742 2532)
Instructed by: Biyela and associates
Tel: 012 386 0485
For the Defendant: No appearance
Instructed by: State Attorneys
Date of the hearing: 09 December 2025
Date of judgment: 30 March 2026