Mnisi v Road Collision Fund and Seven Similar Matters (1823/19; 2538/18; 315/20; 208/20;4082/19;4423/19;2382/19;4067/19) [2022] ZAMPMBHC 23 (1 April 2022)

Mnisi v Road Collision Fund and Seven Similar Matters (1823/19; 2538/18; 315/20; 208/20;4082/19;4423/19;2382/19;4067/19) [2022] ZAMPMBHC 23 (1 April 2022)

The court held that in actions against the Road Collision Fund, plaintiffs must prove all elements of delictual liability, including causation and quantum, regardless of the RAF's participation. Where merits were settled, only quantum remained for determination, but plaintiffs still bore the onus to prove the causal link between the collision and their injuries and losses. The court accepted evidence by affidavit and expert reports in the absence of RAF participation, provided the evidence was properly presented and corroborated. For non-pecuniary loss (general damages), the court found it lacked jurisdiction to award compensation where the RAF had not accepted or rejected the serious...

Citation
[2022] ZAMPMBHC 23
Parties
Plaintiff: Phumzile Remember Mnisi; Plaintiff: Bigbrain Skumbuzo Malala; Plaintiff: Bothelo Kgamane; Plaintiff: Emmelinah Nyatsela Mashaba; Plaintiff: Ndubasi Robert Shabangu; Plaintiff: Busisiwe Fikile Khoza; Plaintiff: Craig Talent Ngobe; Plaintiff: Andreas James Sithole; Defendant: Road Collision Fund
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
1 April 2022
Case Number
1823/19; 2538/18; 315/20; 208/20; 4082/19; 4423/19; 2382/19; 4067/19
Procedural Posture
Civil Trial / Judgment After Trial; Multiple Actions Consolidated
Outcome
Judgment granted in favour of the plaintiffs for proven pecuniary losses; claims for general damages deferred pending RAF's decision on serious injury assessments.
Judges
Roelofse AJ
Legal Topics
Road Accident Fund Act, Personal Injury, Quantification of Damages, Default Judgment, Serious Injury Assessment, Onus of Proof
Delict Civil Procedure Road Accident Fund Act Personal Injury Quantification of Damages Default Judgment Serious Injury Assessment Onus of Proof

Case Brief

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Parties

Phumzile Remember Mnisi

Plaintiff

Bigbrain Skumbuzo Malala

Plaintiff

Bothelo Kgamane

Plaintiff

Emmelinah Nyatsela Mashaba

Plaintiff

Ndubasi Robert Shabangu

Plaintiff

Busisiwe Fikile Khoza

Plaintiff

Craig Talent Ngobe

Plaintiff

Andreas James Sithole

Plaintiff

Road Collision Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial; Multiple Actions Consolidated

Legal Issues

  1. 1 Whether the Road Collision Fund is liable to compensate the plaintiffs for losses arising from motor vehicle collisions.
  2. 2 Whether the plaintiffs have proven the elements of delictual liability, including causation and quantum of damages.
  3. 3 Whether the plaintiffs are entitled to compensation for non-pecuniary loss (general damages) under section 17 of the Road Accident Fund Act.

Ratio Decidendi

The court held that in actions against the Road Collision Fund, plaintiffs must prove all elements of delictual liability, including causation and quantum, regardless of the RAF's participation. Where merits were settled, only quantum remained for determination, but plaintiffs still bore the onus to prove the causal link between the collision and their injuries and losses. The court accepted evidence by affidavit and expert reports in the absence of RAF participation, provided the evidence was properly presented and corroborated. For non-pecuniary loss (general damages), the court found it lacked jurisdiction to award compensation where the RAF had not accepted or rejected the serious...

Court Disposition

Judgment granted in favour of the plaintiffs for proven pecuniary losses; claims for general damages deferred pending RAF's decision on serious injury assessments.

Orders

  • The Road Collision Fund is ordered to pay the following amounts to the respective plaintiffs for proven loss of income: Mnisi – R400,000; Malala – R200,000; Kgamane – R400,000; Mashaba – R680,000; Shabangu – R3,500,000; Khoza – R100,000; Ngobe – R400,000; Sithole – R700,000.
  • Interest and costs awarded as per draft orders attached to the judgment.