Mahadulula and Another v MEC for Education Limpopo Province (HCAA05/2023) [2024] ZALMPPHC 42 (3 May 2024)

Mahadulula and Another v MEC for Education Limpopo Province (HCAA05/2023) [2024] ZALMPPHC 42 (3 May 2024)

The court found that the appellants failed to prove any actual loss of earning capacity. The evidence demonstrated that both appellants continued their education and achieved qualifications post-incident, and any psychological trauma was not shown to be permanent or to have diminished their ability to earn income. The court further held that the award for future medical expenses under Ms. Sivhabu constituted a double award and should be set aside. The costs order was confirmed to include costs of two counsel where so employed, as no grounds were presented to deviate from the general rule that costs follow the event.

Citation
[2024] ZALMPPHC 42
Parties
Appellant: Zwivhuya Sonia Mahadulula; Appellant: Zwavhudi Clement Mahadulula; Respondent: MEC for Education, Limpopo Province
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
3 May 2024
Case Number
HCAA05/2023
Procedural Posture
Civil Appeal / Appeal and Cross Appeal From Order of Court a Quo
Outcome
Appellants' appeal dismissed; respondent's cross-appeal upheld; occupational therapy expenses under Ms. Sivhabu set aside; costs awarded to respondent including costs of two counsel.
Judges
M. Naude-Odendaal, E.M. Makgoba, G.C. Muller
Legal Topics
Quantum of Damages, Loss of Earning Capacity, Future Medical Expenses, Costs Award
Delict Civil Procedure Quantum of Damages Loss of Earning Capacity Future Medical Expenses Costs Award

Case Brief

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Parties

Zwivhuya Sonia Mahadulula

Appellant

Zwavhudi Clement Mahadulula

Appellant

MEC for Education, Limpopo Province

Respondent

Procedural Posture

Civil Appeal / Appeal and Cross Appeal From Order of Court a Quo

Legal Issues

  1. 1 Whether the appellants proved a reduction in their earning capacity resulting in actual loss of income.
  2. 2 Whether the award for future medical expenses constituted a double award and should be set aside.
  3. 3 Whether the costs order should include costs of two counsel.

Ratio Decidendi

The court found that the appellants failed to prove any actual loss of earning capacity. The evidence demonstrated that both appellants continued their education and achieved qualifications post-incident, and any psychological trauma was not shown to be permanent or to have diminished their ability to earn income. The court further held that the award for future medical expenses under Ms. Sivhabu constituted a double award and should be set aside. The costs order was confirmed to include costs of two counsel where so employed, as no grounds were presented to deviate from the general rule that costs follow the event.

Court Disposition

Appellants' appeal dismissed; respondent's cross-appeal upheld; occupational therapy expenses under Ms. Sivhabu set aside; costs awarded to respondent including costs of two counsel.

Orders

  • The appellants' appeal in respect of future loss of earnings (Order 5 of the court a quo's order) is dismissed.
  • The respondent's cross-appeal is upheld and the occupational therapy expenses under Ms. Sivhabu are set aside: R19,586 for the 1st Plaintiff, R19,503 for the 1st Appellant, and R19,503 for the 2nd Appellant (total R58,592).