By Zelda Venter
Pretoria – Nearly 13 years ago, a teenager was about to start her matric year when she was a passenger in a car which was involved in an accident.
Mmakgoshi Edith Molala, who was 17 in January 2008 when the accident occurred, waited more than 12 years for justice. At first, she lodged her claim directly with the Road Accident Fund (RAF). Nothing came of it, and the fund later told her the claims had expired.
Seven years later, an attorney took up her case, resulting in a judge recently ordering that she receive more than R8-million from the RAF.
Long-Term Impact of Severe Accident Injuries
Molala sustained a severe head injury with facial scarring that resulted in mood disturbances, memory and concentration difficulty, personality and behavioural changes as a result of her injuries.
She was at the time hospitalised for more than a month.
Shortly after the accident, her mother made enquiries with the fund as to what she had to do. According to court papers, she was informed that they should lodge a claim directly with the RAF and not involve attorneys, as it would cost them too much money.
The family got all the documentation together and lodged the claim with the RAF directly on July 22, 2010.
They said that between 2010 and 2015, they visited the Menlyn branch on several occasions but never received an answer about what was happening with the claim.
One of the responses was that the claim is now being dealt with at the Durban branch and that they should enquire there. The family did not have the means to travel to Durban, and all calls and emails went unanswered, they said.
Educational Struggles and Claim Prescription Pitfalls
The Gauteng High Court, Pretoria, was later told that before the accident, the teenager had never failed any grade; after the accident, she tried to obtain her matric three times but was unsuccessful.
She also tried to advance her education by earning various certificates and diplomas after the accident, but failed to complete any of them.
Molala struggled to hold on to any employment for longer than three months due to her being emotionally unstable. She is currently unemployed and stays with her mother, who is a pensioner.
During that time, the claim also prescribes a 5-year period in which to finalise a claim, after which it prescribes that, if a summons is not issued by an attorney.
The court was told that neither she nor her family was ever consulted, and that they were never informed that her claim would prescribe if she did not engage an attorney.
Gert Nel Attorneys Secure Multi-Million Rand Settlement
In 2015, they came across Gert Nel Attorneys, who took over the matter and ultimately secured more than R8 Million for her.
The fund at first vehemently defended the merits of the claim on the technicality that the claim had prescribed. This was notwithstanding the fact that they had let the claim prescribe in their own hands.
The merits of the claim were finally conceded in August 2018, but Molala was forced to obtain a new date to determine how much in damages should be awarded to her.
Her attorneys on several occasions tried to settle the matter out of court, but no response was forthcoming from the fund.
High Court Orders RAF to Pay R8.4 Million Court Award
The monetary portion of the claim was recently before the court, when the fund made an offer far less than half of what Molala claimed.
Judge Cassim Sardiwalla ordered that a representative of the RAF be present, as they did not have an attorney. They refused to come and only sent an email to the plaintiff’s attorney, in which they confirmed that they would abide by whatever decision the court made.
Judge Sardiwalla ordered the fund to pay an amount of R8 473 306.90.
This is for general damages and loss of income.
Pretoria News