REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
Case No: 920/2021
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED: NO
DATE 18 June 2026
SIGNATURE
In the matter between:
NOLIZWI DIYA Plaintiff
and
ROAD ACCIDENT FUND Defendant
This judgment is prepared and authored by the Judge whose name is reflected as such
and is handed down electronically by circulation to the parties / their legal
representatives by email and by uploading it to the electronic file of this matter on
CaseLines. The date for handing down is deemed to be June 2026.
JUDGMENT
MAKHOBA, J
[1] The Plaintiff instituted an action against the Defendant for damages suffered as
the result of injuries sustained in a motor vehicle accident that occurred on 10
November 2019.
[2] The merits were not settled however the Plaintiff managed to prove the merits
100% in his favour. The Defendant was not represented in court on 10 June 2026 when
the matter was set down for trial. Counsel for the Plaintiff asked the court to grant
default judgment in favour of the Plaintiff. Counsel for Plaintiff addressed the court and
referred to his heads of argument.
[3] The issue of damages is postponed sine die.
[4] The only issue remaining is whether this court after hearing counsel and reading
the papers should grant the amount as requested on behalf of the Plaintiff in respect of
loss of earnings. During the proceedings I did ask counsel to address me on all issues
to the best of his ability because I am going to eserve judgment.
[5] The evaluation of the amount to be awarded for loss of income does not involve
proof on a balance of probabilities. It is a matter of estimation. The general approach is
to posit the Plaintiff, as he is proven to have been in his uninjured state and then to
apply assumptions to his state with the proven injuries and their sequela.
[6] I am called upon to perform a delicate judicial duty in that I must decide what is
the reasonable amount the Plaintiff would have earned but for the injuries and the
consequent disability. Furthermore, I must determine the Plaintiff’s future income, if any,
having regard to the disability.
[7] The Plaintiff was admitted to casualty, received emergency treatment and nursing
care and medication was prescribed. X -rays were done and the radiologist noted “there
is no bony injury or pathology” (Caselines 005 -15). The Plaintiff was discharged on the
same day.
[8] The Plaintiff was employed as a general worker and has only standard eight. She
is still employed.
[9] The Neurosurgeon remarks as follows “The claimant has reached maximal
is still employed.
[9] The Neurosurgeon remarks as follows “The claimant has reached maximal
medical improvement” (Caselines 005 -47). “It is trite that the onus rests on the Plaintiff
to prove h er case on the balance of probabilities see Pillay v Krishna 1946 SA 946.
Therefore the duty is on the Plaintiff to produce evidence that, because of the injury, she
has suffered loss of income.
[10] I am of the view that the Plaintiff failed to show on preponderance of probabilities
that the injuries she sustained resulted in any loss of earnings.
[11] Furthermore the injuries she sustained are not of such magnitude that she will be
unable to earn an income or promotion in the future. She also failed to prove any past
loss of income since she was discharged from hospital the same day.
[12] It is further my view that the Plaintiff failed in her duty to satisfy the court that she
lost any earnings or stands to lose any earnings as a consequence of the motor vehicle
accident in question.
[13] I make the following order:-
13.1. the Defendant is liable for 100% of the Plaintiff’s proven or agreed damages.
13.2. the Plaintiff’s claim for loss of earnings is dismissed
13.3. the issue of general damages is postponed sine die
13.4. the application in terms of rule 38(2) is granted.
14.5. the Defendant shall pay the costs on Scale B.
___________________________
D MAKHOBA
JUDGE OF THE HIGH COURT
GAUTENG DIVISION, PRETORIA
Date of Hearing: :10 June 2026
Date of Judgment: : June 2026
Appearances:
For the Plaintiff : Adv K. Mhlanga
Instructed by : Sotshintshi Attorney
For the Defendant : State Attorney
Instructed by :