The Road Accident Fund (RAF) has repudiated Major League DJz co-founder Bandile Afrika Mbere’s R3-million car accident claim, saying he did not sustain injuries serious enough to warrant compensation.
The RAF said Mbere also failed to complete a doctor’s “serious injury report” as stipulated by law, which details the nature and degree of injuries sustained in an accident. The award-winning artist has now dragged the RAF to the high court in Johannesburg to obtain judgment against the cash-strapped state entity for failing to pay him.
In the court papers, which we have seen, Mbere said he sustained injuries that resulted in him losing an income when he was involved in an accident near Bronkhorstspruit on December 11 2020. He said an unknown driver who was driving negligently and recklessly smashed into his vehicle, saying the driver failed to keep a proper lookout and was also speeding.
“He [also] failed to apply the brakes timeously or at all. He failed to avoid a collision when, by the exercise of reasonable care and skill, he could and should have done so,” read the court papers in part.
“He failed to have any, alternatively, sufficient due regard to the rights of other road users and more in particular the rights of the people who are passenger [sic].”
As a result of the accident, he said, he sustained a fracture on his knee and an injury on his right knee ligament. Due to injuries sustained, Mbere suffered and will continue to suffer damages in the amount of more than R3.3-million, he said. The amount, according to the muso, includes R900 000 general damages, R50 000 emergency medical treatment, and R2.4-million for past and future loss of income.
He added that he experienced much pain, suffering and psychological trauma during the collision and after treatment. “The defendant is in the premise, indebted to the plaintiff in the amount of R3 350 000, which amount or any portion thereof the defendant has failed or refused to pay.
“Wherefore the plaintiff prays for judgment against the defendant for payment of the sum [of] R3 350 000,” read the papers. In its answering affidavit, the RAF said in terms of the law, it is obligated to compensate a third party for non-pecuniary loss, which was limited to serious injury.
It said a third party who wishes to claim for non-pecuniary loss shall, inter alia, submit himself/herself to an assessment by a medical practitioner and obtain a serious injury assessment report stating the nature and the degree of injuries sustained. The RAF added that it is only obliged to compensate a third party for non-pecuniary loss if the claim is supported by a report and is satisfied that the injury has been correctly assessed as being serious by a doctor.
The RAF said Mbere failed to submit a report and that his alleged injury has not been finally determined to be serious in terms of its regulations.
“Accordingly, the defendant is not obliged to compensate the plaintiff for non-pecuniary loss as alleged or at all,” read the papers.
Should the court find that Mbere indeed sustained bodily injuries and any consequent non-pecuniary damages, the RAF said it would deny that they constituted serious injuries as they did not result in 30% or more impairment of the musician’s whole person.
The court further said the RAF did not have the jurisdiction to make a finding as to whether the musician’s injury was serious and was also entitled to claim non-pecuniary loss.
“Further, the defendant pleads that in the event of a dispute arising as to whether or not the injuries sustained by the plaintiff constitute serious injury, then, in terms of regulation 3[4][a] of the regulations promulgated, such dispute must be referred to the Health Professions Council of South Africa for adjudication,” read the papers.
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