The Gauteng High Court, Johannesburg, has ordered the Road Accident Fund (RAF) to pay over R2 million in damages to a 35-year-old Malawian national following a car accident in Sandton in August 2022.

The court’s decision is a default judgment, granted on October 16, 2025, after the RAF failed to respond promptly to the summons served in May 2024.

The plaintiff, who worked as a gardener and handyman, approached the High Court to claim damages for future loss of earnings and past medical expenses. The issues of general damages and future medical expenses had already been settled with the RAF.

In May 2024, the RAF was served with a summons but failed to respond on time, leading to a default judgment being granted on October 16, 2025.

During the accident, the man sustained a trans-scaphoid peri-lunate fracture dislocation of his right wrist, which led to instability as the dislocated scaphoid bone pressed on the median nerve. He stated that he has not been able to return to his work of renovating houses, painting, and tiling since the accident.

An occupational therapist, R Hunter, found a reduced grip strength in the plaintiff’s right hand and slight atrophy. While he “displayed adequate precision grasps in the right hand”, he reported pain with prolonged use.

Hunter concluded that the man is now suited only for light or sedentary work and would have limited use of his dominant right hand for tasks.

Industrial psychologist Dr J de Beer assessed the man’s career progression from 2008 to 2021, noting a steady rise in roles including gardening, building, painting, and tiling, with an annual income of R91,520.

Dr De Beer projected that without the accident, the plaintiff would have continued as an independent contractor, potentially diversifying into semi-skilled, higher-paying jobs, with a career ceiling of R166,000 per annum until retirement at age 65.

“However, since the accident, the plaintiff has not returned to work and has been unable to find employment as an independent contractor. His projected post-accident earnings are expected to fall within the lower quartile to median range for unskilled workers in the informal sector, amounting to R40,400 per annum by the time of retirement,” De Beer said.

Acting Judge C Bhoola noted that the plaintiff’s injuries and the opinions of the experts were uncontested.

While acknowledging it was unclear whether the foreign national possessed a work permit, Bhoola explicitly stated: “The absence of a work permit does not disqualify the plaintiff from receiving compensation.”

The acting judge ordered the RAF to pay the awarded money into the trust of the plaintiff’s lawyers within 180 days, adding that “no interest shall be payable on the capital amount (R2 million) except in the event of default”.

nomonde.zondi@inl.co.za

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