Maseko Elisabeth Mpumulani obo Estate Late Moerone Isaac Sipholo v Road Accident Fund

The plaintiff, Maseko Elisabeth Mpumulani, acting on behalf of the estate of the late Moerone Isaac Sipholo, pursued a claim against the Road Accident Fund (RAF) arising from a motor vehicle accident on 24 November 2020. The RAF conceded 100% liability on 3 June 2022. The plaintiff had suffered physical injuries including lacerations, abrasions, permanent disfiguring scarring, and psychological sequelae. The RAF disputed general damages, resulting in referral to the Health Professions Council of South Africa (HPCSA), which on 30 June 2023 assessed the injuries as serious. Litis contestatio had already been reached. The injured plaintiff died on 8 September 2023 from causes unrelated to the accident, after which claims for past medical expenses and general damages transferred to the estate and were pursued by the executrix. Despite the HPCSA ruling, the RAF made no attempt to settle general damages for approximately 22 months, necessitating continued High Court litigation.

The defendant was ordered to pay the estate R2,273.95 for past hospital and medical expenses and R300,000 for general damages. The estate was awarded party-and-party costs from the commencement of the action up to 30 June 2023, and attorney-and-client costs from 7 July 2023 to the date of judgment, with counsel’s fees on Scale B.

The case underscores the obligation of the Road Accident Fund to act reasonably and timeously once liability and serious injury have been established, particularly after an HPCSA assessment. It affirms that claims for general damages and medical expenses survive the death of an injured plaintiff where death is unrelated to the accident, and it illustrates the High Court’s willingness to grant punitive costs orders against the RAF for unjustified delays in finalising claims.