The Pietermaritzburg High Court has directed the Road Accident Fund (RAF) to provide over R6 million in compensation to a 24-year-old woman who suffered a head injury and a fractured pelvis in an incident from 2017.
The lady got into an accident while heading out to represent her school in a debate contest at that time.
Anathi Matyholo took legal action against the RAF based on the provisions outlined in the Fund Act No. 56 of 1996 (referred to as ‘The Act’). This legislation stipulates that under certain conditions, compensation can be granted to people who suffer physical harm due to incidents happening on public roadways. If an accident leads to fatalities, the act ensures financial support is offered to those dependent on the deceased individual.
The RAF was instructed to make the payment within 180 days. If this timeframe passed without their payment, they would owe additional interest at an annual rate of 10.25%.
When submitting the summons, the claimant was seeking reimbursement for lost wages, upcoming medical costs, and overall damages.
When the accident happened, Matyholo was 16 years old and was in Grade 11. She stated under oath that on May 20, 2017, she was traveling with her instructors in a car which left their house in Kokstad around 6 am. While recounting what had transpired during the hearing, she mentioned approaching Pietermaritzburg before becoming aware that she was conscious but stuck within the wreckage. This event took place around 8 am in an area known as Thornville, located just outside of Pietermaritzburg.
"My teachers were there, they told me we had gotten into a car accident. The paramedics were already at the scene and managed to get me out of the vehicle safely," she explained.
Matyholo stated that she frequently endured pain in her left hip, which restricted her from walking, sitting, or standing for extended durations. She explained that although she is perpetually uncomfortable, the discomfort can escalate to such an extent that she requires medication; however, this merely reduces the intensity of the ache slightly.
In addition, she mentioned that her hip injury stops her from being able to sleep on her left side, hence she can only sleep on her right side.
Due to the concussion, she stated under oath that she suffers from headaches classified as moderate, severe, or intense. These headaches happen often. When experiencing severe or intense headache attacks, she relies on taking medicine and getting some rest. Moreover, her sensitivity to light has increased, leading her to require eyeglasses.
The person who filed the complaint mentioned that because of the accident, they had to repeat Grade 11. Consequently, rather than earning a bachelor’s pass, they ended up with just a diploma matric pass. This prevented them from pursuing their desired profession as a lawyer.
"I opted to go for National Higher Certificates; specifically N4, N5, and N6 in hospitality," she mentioned.
She mentioned that the course requirements state she must finish her in-service training before being granted a diploma. Even though she has received the diploma, she noted that she hasn’t finished the in-service component yet.
Matyholo mentioned that she received an offer from the Department of Correctional Services for a period of six months. However, she ended up quitting because standing for extended periods became too challenging for her. She faced difficulties with the kitchen lighting, lifting heavy objects, and dealing with high noise levels, which made it hard for her to cope with the job requirements.
An occupational therapist named Andiswa Gowa, who gave testimony, stated that Matyholo was appropriate for the program. For jobs involving minimal physical activity with restricted movement needs, in positions that do not necessitate extended durations of seating, ambulation, upright stance, or engaging in activities that require bending and kneeling.
"The defendant (RAF) presented Priya Moodley, an occupational therapist, as their witness. She stated that she evaluated the plaintiff (Matyholo) on October 24, 2023. Her account aligns with what Gowa shared," mentioned Acting Judge Nicholson.
nomonde.zondi@inl.co.za