Gomo v Road Accident Fund (2022/20083) [2025] ZAGPJHC 539 (3 June 2025)

Gomo v Road Accident Fund (2022/20083) [2025] ZAGPJHC 539 (3 June 2025)

The court held that the plaintiff, although an illegal foreigner, is entitled to compensation for loss of earnings under the Road Accident Fund Act. The absence of a work permit does not bar the claim, but is relevant to the quantification of damages. The court considered the plaintiff's injuries, expert evidence, and employment history, finding that the injuries materially impaired his earning capacity. However, due to uncertainties regarding his immigration status, employment prospects, and the lack of collateral verification, the court applied substantial contingency deductions: 30% to past loss and 50% to future loss. The total award for loss of earnings was determined to be...

Citation
[2025] ZAGPJHC 539
Parties
Plaintiff: Gomo, Marlven; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
3 June 2025
Case Number
2022/20083
Procedural Posture
Civil Trial / Quantum Determination After Liability Settled
Outcome
Plaintiff's claim for loss of earnings is upheld with substantial contingency deductions; RAF ordered to pay damages and furnish undertaking for future medical expenses.
Judges
Khashane La M Manamela
Legal Topics
Road Accident Fund Act, Loss of Earnings, Illegal Foreigner Claims, Contingency Deductions, Future Medical Expenses
Civil Procedure Delict Road Accident Fund Act Loss of Earnings Illegal Foreigner Claims Contingency Deductions Future Medical Expenses

Case Brief

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Parties

Gomo, Marlven

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Liability Settled

Legal Issues

  1. 1 Whether an illegal foreigner is entitled to compensation for loss of earnings under the Road Accident Fund Act.
  2. 2 How the plaintiff's immigration status affects the quantification of damages for loss of earnings and earning capacity.
  3. 3 What contingency deductions are appropriate given the plaintiff's employment history and future prospects.

Ratio Decidendi

The court held that the plaintiff, although an illegal foreigner, is entitled to compensation for loss of earnings under the Road Accident Fund Act. The absence of a work permit does not bar the claim, but is relevant to the quantification of damages. The court considered the plaintiff's injuries, expert evidence, and employment history, finding that the injuries materially impaired his earning capacity. However, due to uncertainties regarding his immigration status, employment prospects, and the lack of collateral verification, the court applied substantial contingency deductions: 30% to past loss and 50% to future loss. The total award for loss of earnings was determined to be...

Court Disposition

Plaintiff's claim for loss of earnings is upheld with substantial contingency deductions; RAF ordered to pay damages and furnish undertaking for future medical expenses.

Orders

  • The defendant shall pay the plaintiff an amount of R1,575,750 in respect of loss of earnings suffered as a result of the motor vehicle collision on 26 February 2020.
  • The amount is payable within 180 days to the trust account of the plaintiff's attorneys.