Manzimela v Road Accident Fund

The plaintiff, Nkoliso Manzimela, was a passenger in a Toyota Quantum taxi that overturned on 10 December 2022 on the R61 near Magusheni Junction, Eastern Cape, due to the negligence of the driver. He sustained catastrophic injuries, including a cervical spine fracture at C3–C4 resulting in permanent quadriplegia, a head injury, bowel and bladder incontinence, and severe psychological sequelae. The Road Accident Fund (RAF) entered an appearance to defend but failed to file a plea and was consequently barred. The matter proceeded by default. The RAF disputed that the plaintiff was a passenger because his details were added to the police accident report six months after the accident. Oral evidence from the plaintiff and a fellow passenger, supported by hospital and documentary records, confirmed his presence in the vehicle and the causal link between the accident and his injuries. The plaintiff was previously employed as an unskilled farm worker earning modest income and was rendered permanently unemployable by the injuries.

The RAF was ordered to compensate the plaintiff for 100% of his damages. It was directed to pay R2,255,810 for past and future loss of earnings and R4,500,000 for general damages. The RAF was further ordered to pay the plaintiff’s costs, including additional costs incurred after 13 May 2025, on the party-and-party scale.

The case illustrates the consequences of a defendant being barred from pleading in RAF litigation and confirms that the RAF cannot revisit issues of causation or liability after a court has finally determined them. It also contributes to guidance on appropriate quantum for general damages in cases of catastrophic spinal injuries, particularly quadriplegia, and emphasises the need for actuarial calculations to reflect reduced life expectancy.