Pietermaritzburg High Court rules RAF must compensate young woman R6 million for accident injuries

The Pietermaritzburg High Court has ordered the Road Accident Fund (RAF) to pay more than R6 million to a 24-year old woman after she sustained a head injury and a pelvic fracture in a 2017 accident.

The woman was involved in the accident while going to represent her then-school in a debate competition.

Anathi Matyholo sued the RAF in accordance with its Fund Act 56 of 1996 (the 'Act'). Which states that if specific criteria is satisfied, compensation may be provided to individuals who have sustained bodily injuries as a result of accidents occurring on public roads. In the case of death, it compensates the dependents of the victim for their loss.

RAF was ordered to make the payment within 180 days should the period lapse without them paying, they would be liable for paying the interest at the rate of 10.25%. 

At the time of filing the summons, the plaintiff sought compensation for loss of earnings, future medical expenses, and general damages.

At the time of the accident Matyholo was 16-years old and was doing grade 11. She testified that on May 20,2017, she was travelling with her teachers in a motor vehicle, and departed from her home in Kokstad at approximately 6am. During testimony, she recalled nearing Pietermaritzburg, and thereafter, regaining consciousness being trapped inside the vehicle. The incident occurred at approximately 8am in the Thornville area just outside Pietermaritzburg.

“My teachers were present, informed me that we’ve been involved in a motor vehicle collision. Paramedics were already on the scene and I was successfully extricated from the vehicle,” she said. 

Matyholo said she constantly experienced pain in her left hip, limiting her ability to walk, sit, or stand for long periods. She mentioned that while she is always in pain, it can become so severe that she needs medication, which only dulls the pain somewhat. 

Additionally she said her hip injury prevented her from sleeping on her left side, so she needs to sleep on her right side only.

As a result of the head injury, she testified that she experiences headaches, which she categorises as moderate, severe, or intense. These headaches occur frequently. During episodes of severe or intense headaches, she requires medication and rest. Additionally, she has developed sensitivity to light and now needs to wear glasses.

The complainant said due to the accident, she repeated grade 11 and instead of achieving a bachelor pass, she only obtained a diploma matric pass. As a result she was not able to pursue her chosen career of being a lawyer. 

“I decided to pursue National Higher Certificates; N4, N5 and N6 in hospitality,” she added.

She explained that the course structure mandates she needs to complete and inservice training. Upon completion of it she would then be awarded a diploma. Although she had obtained the diploma, she said she had not yet completed the in-service training.

Matyholo said she got an opportunity at the Department of Correctional services for six months but she had to resign as she was unable to stand for long hours. The lighting in the kitchen, carrying heavy items, and the noise levels, she found it difficult to meet the job demands. 

An occupational therapist, Andiswa Gowa, who testified, said Matyholo was suitable for sedentary work with limited mobility requirements, in roles that do not require prolonged periods of sitting, walking, standing, or performing tasks at low levels involving crouching and squatting. 

“The defendant (RAF) called Priya Moodley, an occupational therapist who testified that she assessed the plaintiff (Matyholo) on October, 24, 2023. Her testimony was consistent with the evidence of Gowa,” said acting Judge Nicholson. 

nomonde.zondi@inl.co.za