ME Maseko obo Estate Late Moerone v Road Accident Fund

The plaintiff, Moerone Isaac Sipholo, was injured in a motor vehicle accident on 24 November 2020. On or about 3 June 2022, the defendant (Road Accident Fund) conceded 100% liability. The defendant did not accept the plaintiff's claim for general damages and referred the matter to the Health Professions Council of South Africa (HPCSA). On 30 June 2023, approximately one month after the concession of liability, the HPCSA qualified the plaintiff for general damages. The plaintiff passed away on 8 September 2023 in circumstances unconnected to the accident, after litis contestatio had been reached. The claim for past hospital and medical expenses (R2,273.95) and general damages was pursued by the executrix, ME Maseko, on behalf of the estate. The plaintiff's injuries included: laceration of the left forehead; left knee laceration; abrasions to both shins; further left leg injury with abrasions; permanent disfiguring scarring; and psychological sequelae. Despite the HPCSA qualification in June 2023, the defendant made no attempt to settle the general damages claim until the trial date of 29 April 2025, nearly 22 months later.

• Whether the estate was entitled to pursue claims for general damages and past medical expenses that had transferred after the death of the plaintiff
• What quantum of general damages was appropriate given the nature and duration of injuries (from accident date 24 November 2020 to death on 8 September 2023)
• Whether an adverse costs order was appropriate given the defendant's delay in settling the matter after HPCSA qualification

1. The defendant shall pay the plaintiff the sum of R2,273.95 in respect of past hospital medical expenses. 2. The defendant shall pay the plaintiff the sum of R300,000 in respect of the claim for general damages. 3. The estate is entitled to party and party costs, as taxed or agreed, from the commencement of the matter up to 30 June 2023. The plaintiff is entitled to attorney and client costs from 7 July 2023 up to and including 29 April 2025. Counsel's fees to be on scale B.

Where the HPCSA has qualified a plaintiff for general damages and the defendant fails to make any attempt to settle the matter for an extended period (in this case 22 months), the court may impose an adverse costs order reflecting attorney-client costs from a date shortly after the HPCSA qualification. Claims for general damages and past medical expenses that have vested in a plaintiff before death transfer to the estate and may be pursued by the executrix. In assessing quantum for general damages where the plaintiff died before trial, the court will consider the period between accident and death, particularly where most pain and suffering would have been experienced during that limited period. The fact that a matter might fall within a lower court's jurisdiction does not preclude higher court costs where litigation was properly commenced in circumstances where subsequent events (such as the plaintiff's death) could not have been anticipated.

The court observed that it is "inherently iniquitous" that any plaintiff is placed in a position where 22 months expire after HPCSA qualification without any settlement attempt by the defendant. This suggests judicial concern about systemic delays by the Road Accident Fund in finalizing claims. The court noted that while the defendant's argument about Regional Court jurisdiction was "correct" in principle, it was not determinative of the costs issue given the procedural history and timing of events. The court's comment that "no attempt has been made by the defendant to settle the aspect of general damages until today" indicates disapproval of the defendant's conduct in forcing the matter to trial despite having had ample opportunity to resolve it earlier.

This case demonstrates the court's willingness to impose punitive costs orders against the Road Accident Fund where there are unreasonable delays in settling claims after HPCSA qualification. It reinforces that claims for general damages and medical expenses properly transfer to the estate where the plaintiff dies after litis contestatio is reached. The case also provides guidance on quantum assessment where the plaintiff's life was cut short after the accident but before trial, confirming that the limited time period may actually favor the plaintiff where most pain and suffering occurred during that period. The judgment emphasizes the principle that defendants cannot abuse procedural delays to avoid settlement obligations, particularly where qualification by the HPCSA has already occurred.