Chikodza Nyasha v Road Accident Fund

The applicant, Chikodza Nyasha, was injured in a motor vehicle accident on or about 21 October 2021 while riding as a pillion passenger on a motorcycle. He sustained a right distal femur fracture, deep lacerations to his right lower leg, and disfigurement with psychological sequelae. He lodged a claim against the Road Accident Fund (RAF) for various heads of damages, including medical expenses, loss of income, impairment of earning capacity, and general damages. Liability was based on the negligence of the insured driver, which the court found to be the predominant cause of the accident. Certain claims were abandoned or postponed, including past medical expenses and general damages.

The RAF was held liable for 100% of the plaintiff’s proven damages. The defendant was ordered to pay R51,562 for past loss of income and R600,000 for impairment of earning capacity, to provide an unlimited section 17(4)(a) undertaking for future medical expenses, and to pay the plaintiff’s party-and-party costs. The claim for general damages was separated and postponed sine die.

The judgment is significant for reaffirming that past loss of income is recoverable under South African law irrespective of a claimant’s immigration or legal status. It also clarifies the distinction between future loss of income and impairment of earning capacity in RAF matters, confirming that impairment of earning capacity may be compensated even where future earnings cannot be precisely quantified or are affected by cross-border considerations.