Madlala v Road Accident Fund (2025/80181) [2025] ZAGPPHC 646 (17 June 2025)
The court held that, although the plaintiff's application to accept expert evidence on affidavit was conditionally granted, it is in the interests of justice to hear the educational and industrial psychologists before determining the quantum for the plaintiff's claim for loss of income. The postponement was...
Source-derived case information.
- Citation
- [2025] ZAGPPHC 646
- Parties
- Plaintiff: Madlala Sizwe; Defendant: Road Accident Fund
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 2025/80181
- Procedural Posture
- Civil Procedure / Partly Heard; Postponed Sine Die Pending Expert Evidence
- Outcome
- The matter is postponed sine die pending expert evidence; costs of the day awarded to the plaintiff.
- Judges
- E van der Schyff
- Legal Topics
- Expert Evidence on Affidavit, Postponement of Trial, Costs Order, Loss of Income Claim
Source-derived case record
Summary, issues, holding and outcome
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Parties
Madlala Sizwe
Plaintiff
Road Accident Fund
Defendant
Procedural Posture
Civil Procedure / Partly Heard; Postponed Sine Die Pending Expert Evidence
Legal Issues
- 1 Whether expert evidence may be accepted on affidavit under Rule 38(2).
- 2 Whether it is in the interests of justice to hear expert witnesses before determining quantum for loss of income.
- 3 Who should bear the costs of the postponement.
Ratio Decidendi
The court held that, although the plaintiff's application to accept expert evidence on affidavit was conditionally granted, it is in the interests of justice to hear the educational and industrial psychologists before determining the quantum for the plaintiff's claim for loss of income. The postponement was necessitated by the defendant's absence, and therefore the defendant is liable for the costs of the day. The matter is postponed sine die, and the plaintiff must arrange a date for the expert witnesses to testify. If the matter is settled, the parties may approach the judge in chambers for an order by agreement.
Court Disposition
The matter is postponed sine die pending expert evidence; costs of the day awarded to the plaintiff.
Orders
- The matter is postponed sine die.
- A date is to be arranged with Van der Schyff J's registrar for the plaintiff's identified witnesses to testify.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO.: 2025-80181
(1) REPORTABLE: NO
(2) OF INTEREST TO THE JUDGES: NO
(3) REVISED: NO
DATE: 17 June 2025
SIGNATURE: E van der Schyff
In the matter between:
MADLALA SIZWE
PLAINTIFF
and
THE ROAD ACCIDENT FUND
DEFENDANT
JUDGMENT
Van der Schyff J
[1] This matter was before me on 12. June 2025·.The defendant did not appear. The plaintiff applied in terms of Rule 38(2) of the Uniform Rules of Court that the expert evidence be accepted on affidavit. I granted the application conditionally, reserving the right to call any expert witness.
[2] After having heard counsel and read the expert reports, I am of the view that it is in the interest of justice to hear the educational and industrial psychologists before the quantum is finally determined for the plaintiff's claim for loss of income.
[3] The matter is thus partly heard before me, and the plaintiff must contact my registrar to determine an appropriate date for the evidence to be heard.
[4] The plaintiff is, however, entitled to the costs of 12 June 2025 since the postponement is for the most part attributed to the defendant's absence.
ORDER
In the result, the following order is granted:
1. The matter is postponed sine die.
2. A date is to be arranged with Van der Schyff J's registrar for the plaintiff's identified witnesses to testify.
3. In the event that the matter becomes settled, the parties may approach Van der Schyff J in chambers for the order by agreement.
4. Costs of the day, on scale B, are to be paid by the defendant.
E van der Schyff
Judge of the High Court
Delivered: This judgment is handed down electronically by uploading it to the electronic file of this matter on Caselines. In the event that there is a discrepancy between the date the judgment is signed and the date it is uploaded to Caselines, the date the judgment is uploaded to Caselines is deemed to be the date that the judgment is handed down.
For the plaintiff: M.H. Mokale
Instructed by:
M.B. Mabunda Incorporated
Date of the hearing: 12 June 2025
Date of order1:
17 June 2025