Botsane obo Mandlathi v Road Accident Fund (107493/2023) [2025] ZAGPJHC 294 (25 February 2025)

Botsane obo Mandlathi v Road Accident Fund (107493/2023) [2025] ZAGPJHC 294 (25 February 2025)

The court found that, although liability had been settled at 70% in favour of the plaintiff, the claim for future loss of income could not be considered due to the absence of an actuarial report and supporting expert evidence. The application to lead evidence on affidavit was granted for the specified expert reports, but the omission of the actuary meant there was no admissible evidence on the quantum of loss of income. The claim for general damages was postponed sine die, and the defendant was ordered to provide an undertaking for future medical expenses limited to 70% in terms of Section 17(4)(a) of the Road Accident Fund Act. Costs were awarded to the plaintiff.

Citation
[2025] ZAGPJHC 294
Parties
Plaintiff: Tsakane Betty Botsane on behalf of Rhulani Mandlathi; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
25 February 2025
Case Number
107493/2023
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff partially successful; claim for future loss of income dismissed, general damages postponed sine die, and future medical expenses awarded subject to 70% apportionment.
Judges
Weideman
Legal Topics
Road Accident Fund Act, Loss of Income, Future Medical Expenses, Apportionment of Liability, Rule 38 Evidence
Civil Procedure Delict Road Accident Fund Act Loss of Income Future Medical Expenses Apportionment of Liability Rule 38 Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Tsakane Betty Botsane on behalf of Rhulani Mandlathi

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the defendant is liable for damages arising from the motor vehicle accident.
  2. 2 Whether the plaintiff is entitled to future medical expenses and loss of income.
  3. 3 Whether the aspect of general damages should be postponed sine die.

Ratio Decidendi

The court found that, although liability had been settled at 70% in favour of the plaintiff, the claim for future loss of income could not be considered due to the absence of an actuarial report and supporting expert evidence. The application to lead evidence on affidavit was granted for the specified expert reports, but the omission of the actuary meant there was no admissible evidence on the quantum of loss of income. The claim for general damages was postponed sine die, and the defendant was ordered to provide an undertaking for future medical expenses limited to 70% in terms of Section 17(4)(a) of the Road Accident Fund Act. Costs were awarded to the plaintiff.

Court Disposition

Plaintiff partially successful; claim for future loss of income dismissed, general damages postponed sine die, and future medical expenses awarded subject to 70% apportionment.

Orders

  • The defendant shall be liable for 70% of such damages as the plaintiff may be able to substantiate.
  • The defendant’s application to lead evidence on affidavit in terms of Rule 38(2) is granted.