Mphurwana v Padongelukkefonds (7548/2008) [2011] ZAFSHC 177 (17 November 2011)

Mphurwana v Padongelukkefonds (7548/2008) [2011] ZAFSHC 177 (17 November 2011)

The court found that Sivuyise, prior to the accident, would have achieved Grade 10 and entered the unskilled labour market, remaining at Patterson level A throughout his career. His projected earnings would start at R14,200 per annum, growing at 5% per year, with progression to the median income of an A3 level worker by 2021. The court determined that a contingency deduction of 20% was appropriate, reflecting the uncertainties due to his youth and socio-economic background, but not warranting a higher deduction as only unskilled work was considered and no evidence suggested greater risk. Regarding the trust, the court held that expert evidence established the need for lifelong protection...

Citation
[2011] ZAFSHC 177
Parties
Plaintiff: K Mphurwana t.b.v. SC Mphurwana; Defendant: Padongelukkefonds
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
17 November 2011
Case Number
7548/2008
Procedural Posture
Civil Trial / Quantum Determination After Partial Settlement
Outcome
Quantum for future loss of earnings to be determined after actuarial calculation based on the court's findings; trust to continue for the minor's lifetime; defendant liable for full trustee costs.
Judges
Kruger, R
Legal Topics
Road Accident Fund, Loss of Earning Capacity, Contributory Negligence, Trusts for Minors
Delict Civil Procedure Road Accident Fund Loss of Earning Capacity Contributory Negligence Trusts for Minors

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Parties

K Mphurwana t.b.v. SC Mphurwana

Plaintiff

Padongelukkefonds

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Partial Settlement

Legal Issues

  1. 1 What is the appropriate quantum for future loss of earnings for the minor Sivuyise Caiphus Mphurwana.
  2. 2 Should the costs and fees of the trustees be limited to the 80% apportionment of liability or borne fully by the defendant.
  3. 3 Should the trust established for the minor be dissolved when he reaches 18 years of age or continue for his lifetime.

Ratio Decidendi

The court found that Sivuyise, prior to the accident, would have achieved Grade 10 and entered the unskilled labour market, remaining at Patterson level A throughout his career. His projected earnings would start at R14,200 per annum, growing at 5% per year, with progression to the median income of an A3 level worker by 2021. The court determined that a contingency deduction of 20% was appropriate, reflecting the uncertainties due to his youth and socio-economic background, but not warranting a higher deduction as only unskilled work was considered and no evidence suggested greater risk. Regarding the trust, the court held that expert evidence established the need for lifelong protection...

Court Disposition

Quantum for future loss of earnings to be determined after actuarial calculation based on the court's findings; trust to continue for the minor's lifetime; defendant liable for full trustee costs.

Orders

  • Leave is granted to the parties to approach the court again after actuarial calculations are completed in accordance with this judgment to determine the amount for future loss of earnings.
  • An order is made in terms of the draft order attached to exhibit 'Q', as amended by paragraph 1 above.