Moloi v Road Accident Fund

The applicant, Ms Mananyana Jane Moloi, was injured in a motor vehicle accident on 7 August 2016 and sued the Road Accident Fund (RAF) under s 17(1)(a) of the Road Accident Fund Act 56 of 1996 for damages. The merits were settled 100% in her favour and general damages were agreed at R800 000. The only dispute concerned damages for past and future loss of earnings. The High Court, Bloemfontein awarded damages for past loss of earnings but dismissed the claim for future loss of earnings, finding that the applicant had failed to prove an impairment of future earning capacity. This decision was upheld by the Full Court of the Free State Division. The applicant then sought special leave to appeal to the Supreme Court of Appeal (SCA).

The application for special leave to appeal was dismissed, with no order as to costs.

The judgment reinforces the stringent threshold for special leave to appeal to the SCA and clarifies that substantial quantum alone does not constitute special circumstances. It also underscores the evidentiary burden on plaintiffs in RAF claims to prove future loss of earnings, particularly where claims rest on subjective psychological injuries and expert evidence is outdated or unsupported by objective facts.