Mphirime v Road Accident Fund (916/2014) [2016] ZAFSHC 24 (25 February 2016)

Mphirime v Road Accident Fund (916/2014) [2016] ZAFSHC 24 (25 February 2016)

The court found that the cost of employing a domestic assistant does not fall under the definition of health services as contemplated by section 17(4)(a) of the Road Accident Fund Act and the National Health Act. Instead, it constitutes a patrimonial loss arising from the plaintiff's inability to perform household duties due to injuries sustained in the accident. The court relied on established case law which awarded lump sum compensation for domestic assistance as a general delictual loss. Therefore, the plaintiff is entitled to payment of R231,474.00 as a lump sum for future domestic assistance, and not by way of an undertaking or certificate under section 17(4)(a).

Citation
[2016] ZAFSHC 24
Parties
Plaintiff: Khomotso Polly Mphirime; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 February 2016
Case Number
916/2014
Procedural Posture
Civil Trial / Quantum and Classification of Patrimonial Loss
Outcome
Plaintiff's claim for the cost of employing a domestic assistant is granted as a lump sum patrimonial loss under section 17(1) of the Road Accident Fund Act.
Judges
Opperman, AJ
Legal Topics
Road Accident Fund Act, Patrimonial Loss, Future Loss of Earnings, Domestic Assistance, Interpretation of Statute
Delict Road Accident Fund Act Patrimonial Loss Future Loss of Earnings Domestic Assistance Interpretation of Statute

Case Brief

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Parties

Khomotso Polly Mphirime

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Quantum and Classification of Patrimonial Loss

Legal Issues

  1. 1 Whether the cost of employing a domestic assistant constitutes a patrimonial loss payable as a lump sum under section 17(1) of the Road Accident Fund Act.
  2. 2 Whether such costs fall under health services as contemplated by section 17(4)(a) and should be paid via an undertaking or certificate.
  3. 3 Whether the plaintiff is entitled to payment of R231,474.00 for future domestic assistance.

Ratio Decidendi

The court found that the cost of employing a domestic assistant does not fall under the definition of health services as contemplated by section 17(4)(a) of the Road Accident Fund Act and the National Health Act. Instead, it constitutes a patrimonial loss arising from the plaintiff's inability to perform household duties due to injuries sustained in the accident. The court relied on established case law which awarded lump sum compensation for domestic assistance as a general delictual loss. Therefore, the plaintiff is entitled to payment of R231,474.00 as a lump sum for future domestic assistance, and not by way of an undertaking or certificate under section 17(4)(a).

Court Disposition

Plaintiff's claim for the cost of employing a domestic assistant is granted as a lump sum patrimonial loss under section 17(1) of the Road Accident Fund Act.

Orders

  • The defendant is ordered to pay an amount of R231,474.00 to the plaintiff for the costs of employing a domestic assistant.
  • The defendant must pay the costs for the day, including the costs for experts on the matter of domestic assistance.