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
CASE: 5630/2024
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED
DATE 28 April 2026
SIGNATURE
In the matter between:
MASILELA MANDLA MNCEDISI PLAINTIFF
(Identity Number: 8[...])
And
ROAD ACCIDENT FUND DEFENDANT
(20241108/P/I/000056)
This judgment was handed down electronically by circulation to the parties’ legal
representatives by email. The date and time for hand-down is deemed to be 28 April 2026
at 16h00.
_______________________________________________________________________
JUDGMENT
_______________________________________________________________________
MANGENA AJ:
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[1] Plaintiff is Mr Mandla Masilela, an adult male person who was involved in a motor
vehicle accident on 09 September 2023. At the time of the accident, he was a pedestrian.
[2] He lodged a claim against the Road Accident Fund (the Fund), a statutory body liable
to compensate injured person for loss suffered arising out of motor vehicle accidents. The
Fund conceded liability for 80% of the proven damages.
[3] At the time of hearing, the remaining items for adjudication were general damages,
future medical expenses and loss of income. In support of the claim, plaintiff had filed
expert reports and made an application in terms of Rule 38(2) for their admission into
evidence by way of affidavits. The application was not opposed and after due
consideration of the relevant factors I granted it. There was no expert reports filed on
behalf of the defendant.
[ 4] The parties are in agreement regarding the severity of the injuries as well as the fact
that plaintiff has suffered physical impairment rendering him totally unable to perform his
duties as a driver. In view of the agreement, which is supported by the expert reports filed,
no purpose will be served by repeating them herein.
[5] With regard to the general damages, this court does not have jurisdiction by virtue of
the fact that the HPCSA's decision is still outstanding.
[6] In support of the claim for loss of earnings , plaintiff filed proof of employment as a
driver, proof of earnings as well as proof of receipt of a grant from SASSA all of which
were taken into account in the calculation of the loss of both the past and future earnings
by the actuary.
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[7] I have given due regard to the submissions by the parties regarding the contingencies
to be applied and in my opinion, there is no need to apply higher than normal
contingencies.
[8] In the result, plaintiff's claim for the past and future loss of earnings succeeds and the
draft order uploaded by the plaintiff's attorney on 28 January 2026 on caselines is made
an order of court.
_____________________________
M I MANGENA
ACTING JUDGE OF THE HIGH COURT
MPUMALANGA DIVISION, MBOMBELA
APPEARANCES:
Attorney for the Plaintiff: Philip Meyers Attorneys Inc.
Cell No. 083 427 2930 / 082 576 7524
Email: noma@pmeyerprok.co.za
marisa@pmeyerprok.co.za
Counsel for the Plaintiff: Adv. Herman Percival
Cell No. 083 444 7011
E-Mail: herman.percival@gmail.com
Attorney For the Defendant: - Ms Tebogo Malope
State Attorney - Mbombela
3rd Floor, Admin Block, West Wing
4
Samora Machel Drive
MBOMBELA
Cell No. 066 303 4111
E-Mail: tebogo1@raf.co.za
Counsel for the Defendant: Adv. Mokazi
Date of Hearing: 26 January 2026
Date of delivery: 28 April 2026