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IN THE HIGH COURT OF SOUTH AFRICA

NORTH WEST DIVISION, MAHIKENG

CASE NO: RAF 156/2015

In the matter between:

KESENOGILE ANNAH MALEHO obo

COMFORT MALEHO                                                                                  Plaintiff

And

ROAD ACCIDENT FUND                                                              Respondent

JUDGMENT.

GURA J:

Introduction

[1]     On 2 November 2007, Kgomotso Comfort Maleho, by then a seven years old girl, and in Grade 1, was a passenger in a bakkie which was involved in an accident. In sequel to this incident, she sustained injuries. From the scene she was conveyed by means of an ambulance to Lichtenburg hospital where she was treated and transferred to Thusong hospital.

Injuries Sustained

[2]     She sustained the following injuries in the accident: Head injury, back injury, back injury – abrasions, post traumatic epilepsy, per oral laceration – above the mouth and generalised swollen face. Fortunately however, she sustained neither long bone fractures nor chest injuries.

Treatment received

[3]     She was stabilised at the scene and sent to Lichtenburg for further assessment and stabilization, later transferred to Thusong hospital for further investigation and management. At the causalities the doctor examined her and made diagnosis of a head injury, scalp laceration and a back injury. The wound was sutured. She was admitted to the ward and given analgesics. The following day she was discharged from the ward. Follow-up consultation was done after two days and the wound was dressed with antiseptic. She was seen again on a number of visits and then she was discharged from the hospital.

Current complaints as reported by Kgomotso

[4]     Kgomotso had consultations with six different experts on different dates. What follows is a list of what she is alleged to have complained about. For the sake of brevity, I will not repeat a complaint(s) if it was repeated to two or more experts. Here then is the list: poor memory, foreign body in the scalp, poor judgment, frequent headaches, poor vision, chronic dizziness, back pains, difficulty with sleeping at night – nightmares, poor school performance, difficulty in controlling her temper, post traumatic epilepsy, memory loss, uses painkillers daily to control pains, she needs a massage every night before sleeping because of pains and discomfort, forgetfulness, cannot stand or walk for an extended period as she becomes dizzy,  cannot carry heavy loads, has short term memory, she experiences reduced vision and painful eyes, restricted in participating in sport activities, she has a tendency of fearing cars etc.

Collateral information

[5]     Kgomotso’s Grade 9 educator (Mr Mosimi) indicated to one of the experts that:

·         She was an average learner whose performance was not that bad.

·         She however seemed to be too anxious and her heart would beat fast most of the time which showed that she was unsettled.

·         Her attendance was however always regular and would only be absent when visiting RAF experts in pursuit of her claim.

          On the other hand, Kgomotso’s mother (Ms Ann Maleho) told an expert that:

·         Her performance has deteriorated a lot since this accident

·         She has epilepsy

·         They have already appointed a personal Tutor for her (a relative) to assist her with her most difficult subject, English.

General damages

[6]     Mr De Agrella for the plaintiff submitted that the appropriate amount which should be awarded is anything from R950 000 to           R1 000 000. In support of his argument, he referred the court to Smit v Road Accident Fund[1] and Torres v Road Accident Fund[2]. Counsel held the view that these two cases are comparable to the present one.

[7]     The brief outlay of the injuries and their after effect in each of the two cases follows. First, Smit case. The victim of the accident was a twelve year old girl. She sustained severe diffuse axonal brain injury resulting in intra-cerebral bleeding and cerebral oedema; multiple facial lacerations; fracture of the right humerus and left ulna; bilateral ankle fractures; fracture of the pelvis and multiple soft tissue injuries. Orthopaedic injuries treated by open reduction and internal fixation of the left tibia and fibula, left ankle and right humerus. After one month in hospital, plaintiff was discharged with a walking frame. She received physiotherapy for two months and wore a soft neck collar for 10 weeks. Extensive scarring of the forehead, site of the tracheotomy and left wrist. Intellectual impairment coupled with personality change and lack of drive due to damage to the frontal lobes of brain. Future employment would be limited to employment in a sympathetic environment or periods of employment of short duration. Plaintiff suffering from depression intermittently. Pre-accident plaintiff excelled academically, in cultural activities and in the sporting arena. Socially she was well adjusted and popular and had been elected as prefect for the following school year. The Court awarded R600 000 general damages. This was in 2006.

[8]     In Torres, the injuries of the twenty four year old man were less severe in comparison to Smit. The complaint suffered severe diffuse brain injury; soft tissue injury to the neck; and soft tissue injuries to the face and chin. Significant neuro-cognitive and neuro-behavioural deficits associated with concentration, working memory, impulse control and abstract reasoning. Depression and adjustment disorder. Probable successful career in jewellery design no longer possible and limited to sympathetic employment. In this matter the Court awarded R600 000 general damages in 2007.

[9]     I am of the view that the Smit case is totally uncomparable to the present one. Torres also does not appear to me to be a good example of a case which can be said to be comparable to this case before court. But at least the latter indicated injuries which are slightly lesser than the case in point. I take into account however, that what was R600 000.00 in 2007 is R1 099 000 in 2017[3].

Future loss of earnings.

[10]   I am satisfied that Kgomotso is entitled to an award of general damages. A perusal of the various experts’ reports show that she endured pain and is still having pains now especially on her back. She will no longer enjoy amenities of life fully her participation in sports is restricted because she can neither walk nor stand for an extended period. She has developed constant fear of motor vehicles. She has nightmares and she finds it difficult to fall fast asleep at night. She has to take pain tablets every night to ease pain. When she was examined by Ms Kheswa she (Kgomotso), still had a visible healed scar across her face. Her prospects of becoming a professional has been compromised presently, her mother was forced to get a private tutor for her to teach her English at home

[11]   The plaintiff admitted the report by the defendant’s industrial psychologist, Ms Kheswa. The defendant on the other hand, has accepted all the reports by the plaintiff’s experts except the actuarial report.

[12]   In their joint report, the two Occupational Therapists, Ms J Van der Westhuizen and Ms S Moagi made the following remarks;

         “Both the therapists agree that test results also indicated the following from a physical point of view:

         The child presents with functional general agility and is able to perform age appropriate gross motor skills although pain was reported during participation in both gross motor assessments.

         Both the therapists agree that test results indicated the following from a cognitive point of view:

         The child experience visual perceptual difficulties, limited concentration and memory abilities as well as limited scholastic skills.

         Both therapist agree that, from a physical perspective, with optimum pain management, muscle strengthening and physiotherapy, the child might be able to cope with most motor skills with improved comfort and in future will likely be able to cope with the physical requirements of the majority of occupations for her gender and age at the time of entering open labour market.

         Both therapist agree, that from a cognitive point of view, the child’s cognitive deficit are impacting her scholastic abilities and that should these problems persist it may impact her ability to complete grade 12 in a mainstream school and consequently negatively affect her study and career choices.

         Ms Van der Westhuizen agrees with Ms Moagi’s statement, that considering the child’s performance in school related activities, reported school related complaints, post-accident academic profile, reported residual sequel as well as the available psychological opinion, that the child will be a candidate for less cognitively demanding tasks within the open labour market. Her cognitive limitations may negatively affect her ability to multi-task, her ability to learn new tasks as fast as uninjured peers, as well as make her liable to making errors in comparison to her peers and therefore she will not be suitable for high responsibility tasks.

         Both therapists agree that psychosocial problems may be anticipated to impact her school, career and interpersonal relationships due to her neuropsychological difficulties.

         Ms Moagi made note in her report of reported epileptic seizures and documented post-traumatic seizure by Dr Makhure (Neurosurgeon), which she was of opinion, will further restrict the child’s employment options. No note was made of epileptic seizure to Ms van der Westhuizen by either the child or her mother on the day of assessment.

         The therapist agree that the child would benefit from adequate vocational counselling and career guidance by a relevant expert (e.g. Occupational Therapist) which will assist her with realistic goal setting and selecting a career which will be in line with her abilities. The therapist further recommends a follow-up evaluation at the age of 18 years and when she becomes ready to enter the open labour market. Both therapists agree that the child has suffered a loss of amenities.”  

[13]   Ms Kheswa, the defendant’s Industrial Psychologist, after perusing some expert reports, made the following observation      :

                            “Yvonne Segabutle, Educational Psychologist commented “Pre-accident: Kgomotso was 7 years 27 days old at the end of Grade 1 when she was involved in the motor vehicle accident. Unfortunately pre-morbidly there were no school reports provided for perusal to see her progress. Therefore to the writer it is of the opinion that Kgomoto was within the average range. It is possible that Kgomotso was going to matriculate in a mainstream school through certificate or diploma and probably proceed to Higher learning”.

       Thus taking into consideration the Educational Psychologist’s opinion, her academic progression pre-accident could have therefore been as follows:

       Scenario 1: Matric

After completion of matric, probably in 2018/2019, it could have taken Kgomotso about 2-3 years to secure work. For the next 3-5 years she could have opted for any fragmented work available, earning on a Paterson level A1/A2 (basic salary). After this period she could then have entered the labour market on the lower quartile of Paterson A3 level, reaching her occupational ceiling at age 45 years earning at Paterson B3/B4 median quartile, basic salary.

Scenario 2: Post-matric certificate

After completion of matric, probably in 2018/2019, it could have taken Kgomotso about 2-3 years to secure work. For the next 3-5 years she could have opted for any fragmented work available, earning on a Paterson level A1/A2 (basic salary). After this period she could then have entered the labour market on the lower quartile of Paterson B3 level, reaching his (sic) occupational ceiling at age 45 years earning at Paterson C1/C2 median quartile, basic salary.

Scenario 3: Diploma

After completing her matric probably in 2018/2019, Kgomotso could have enrolled for tertiary studies on a part time basis if she could have earned an income to pay her tertiary studies. It could then have taken her about 5 years to complete a diploma qualification.

As a matriculant she would have been able to enter the labour market on the lower quartile of a Paterson level A3, progressing at intervals of 4 years until she completed her diploma. She could then have entered on the median of a Paterson level B4, progressing at intervals of 4 years in real terms to eventually plateau on the median of Paterson level C3/C4 (median quartile, total package) when she reached 45 years.

Any further increase to her income would probably have been on inflationary pressure and influenced by normal economic fluctuation _ _ _”

[14]   Ms Kheswa then considered Kgomotso’s post-accident potential and referred to comments by other experts as follows:

                          “7.2 Post – accident potential

                          Now after this accident, kgomotso has been left with the sequelae of injuries that she sustained in this accident. This seems to have had an effect on her vocational as well as private life.

                          In my discussion, however, I wish to focus specifically on the extent to which Kgomotso’s accident and its sequelae have affected her with respect to vocational possibilities.

                          Based on the sequelae of the accident under discussion the writer took note of the opinions of the experts on record. Their respective reports should be read in full. Writer however include the following extracts:

                          Dr H L Moloto, Orthopaedic Surgeon:

·         This gentlemen (sic) suffered minor pain and discomfort from the injuries she sustained. The initial pain would have lasted for about a week

·         The accident in which Miss Maleho was involved has not affected her life expectancy

·         The injury has not affected her physical ability to work, but her mental capacity may be affected

·         She will need surgery to remove the foreign body from the scalp

·         Miss Maleho sustained a minor injury to the head and this has left her with headaches poor memory and judgement which should be further evaluated

·         At the moment her complaints were not overstated

Dr Stephen M Makure, Neurosurgeon:

·         Mental and physical impairment: no deformities or physical impairment

·         Pain and suffering: persistent back pain; headaches and dizziness; post traumatic epilepsy

·         Life expectancy: normal

·         No loss of earning capacity

·         But patient now developed post traumatic epilepsy and feature of frontal lobe injury which may affect her future employment

·         Also suffering from chronic headaches and dizziness

Success Moagi, Occupational Therapist:

·         Considering Kgomotso’s performance in the current evaluation, collateral information from her mother, as well as her post-accident academic profile, the writer is of the view that Kgomotso appears to be experiencing some scholastic difficulties post-accident. It is recommended that kgomotso receives extra academic support and occupational therapy in order to improve her academic performance as well as the noted visual perceptual deficits noted during assessment.

·         In view of reported visual problems (pain in the eyes) deference is given to Ophthalmologist to comment further whether the reported visual difficulties is related to the accident under discussion as these may negatively affect her school performance.

·         Unfortunately no school collateral could not (sic) be obtained at the time of compilation of this report, furthermore, no pre-accident school reports were available to allow comparison of Kgomotso’s pre and post-academic performance. The writer recommends that this be further investigated to comment with certainty the impact of the accident on her schooling.

·         The writer is of the view that depending on Kgomotso’s response to therapy and extra academic support. She may be best suited for placement in FET colleges or vocational training centres where she will learn more practical skills. She might struggle copying (sic) with tertiary education, considering below opinion of Educational psychologist.

·         The writer takes note of Yvonne M Segabutle (Educational psychologist) stating “therefore to the writer it is of opinion that Kgomotso was an average learner pre-morbidly… Kgomotso appeared to be a below average learner post-morbidly. Academically Kgomotso’s functioning is also poor as evidenced by her results and period of absence from school due to pain as indicated by Dr H S Wentzel in his narrative report. Therefore the writer is of the opinion that it is unlikely that Kgomotso will reach grade 12. The writer further suggests that due to poor cognitive functioning as well as academic functioning re-routing to Further Education and Training (FET) after Grade 9 (GET band) would be a more favourable outcome. Needless to say as a result of her accident-related sequelae, Kgomotso’s employment prospects have been somehow compromised.

·         Kgomotso’s future work prospects will be directly linked to the level of education that she manage to acquire.

·         Kgomotso’s whole body range of motion, agility and stamina through the gross body movements of the trunk, arms, hands, legs and fingers, kneeling, bending ,stooping, repeated crouching and overhead reaching is within required norm as compared to her age group norm, however with reported pain on the back during activities requiring prolonged stooping/bending.

·         The writer takes note of Dr Moloto (Orthopaedic surgeon) stating “The injury has not affected her physical ability to work, but her mental capacity may be affected.”

·         With reference to the above statement the writer is of the opinion that, from a physical perspective, with optimum pain management, muscles strengthening and physiotherapy Kgomotso might be able to cope with most motor skill with improved comfort and in future will likely be able to comply with the physical requirements of the majority of occupations for her gender and age at the time of entering open labour market.

·          When she was asked which career she will like to pursue when, she reaches adulthood she stated that she aspires to be a Police Officer. The physical requirements fall mainly within medium types of work category. No significant physical limitations are anticipated with regards to her ability to work as a police officer should she receive adequate pain management, physiotherapy, joint and energy saving techniques as well as ergonomic principles, considering available orthopaedic opinion as well as radiological findings. It is however important to highlight that for one to be recruited in the South African Police Services, they must at least have a matric qualification which might be a challenge for Kgomotso. Regarding trainability deference is made to Educational Psychologist.

·         Kgomotso’s educational achievement and occupational prospects are directly linked to the neurosurgeon and neuropsychologist prognosis, as well as the success of future recommended intervention strategies. The writer defers to the educational psychologist and neuropsychologist to comment on whether Kgomotso will be able to attain the necessary educational qualification to train as a Police Officer.

·         Considering her performance in school related activities, reported school related complaints, post-accident academic profile, reported residual sequelae as well as available psychological opinion, the writer is of the view that Kgomotso will be a candidate for less cognitively demanding tasks within the open labour market. Her cognitive limitations may negatively affect her ability to multi-task, ability to learn new tasks as fast as uninjured peers, as well as make her liable to making errors compared to her peers. She will therefore not be suitable for high responsibility tasks.

·         Her neuropsychological difficulties may also make her a vulnerable employee in the workplace as she may be prone to conflicts with colleagues and superiors which may lead to impaired interpersonal occupational relationships, difficulty conforming to required work norms within the work place, and reacting inappropriately to criticism.

·         The writer takes note of Yvonne M  Segabutle (Educational psychologist) stating “The results obtained from the different test, the interview, collateral information and clinical observations indicate that Kgomotso’s future educational and occupational/work life and thus earning potential has been compromised by her physical, cognitive and emotional difficulties. As such her career options and ability to earn an income one day has been curtailed for which she should be compensated, as calculated by the industrial psychologist.”

·         Dr S M Makhure (Specialist Neurosurgeon) qualified Kgomotso’s head injury as mild head injury however further stated “But patient now developed post traumatic epilepsy and features of frontal lobe injury which may affect her future employment.”

·         The writer notes reported epileptic seizures, depending on the prognosis and controllability she might be excluded from any work that requires driving, climbing heights, working with hot or sharp substances and from working along the roads. This will further restrict her employment options.

·         Therefore, Kgomotso would benefit from adequate vocational counselling and career guidance by a relevant expert (e.g. Occupational therapist) which will assist her with realistic goal setting and selecting a career which will be in line with her abilities.

·         The writer recommends a follow-up evaluation at the ae of 18 years and when she becomes ready to enter the open labour market.

·         The writer recommends that Kgomotso receives recommended optimum treatment and rehabilitation for living a quality life

___ ___ ___”

[15]   It is my view also that based on the Educational psychologist’s finding, and opinions, Kgomotso’s intellectual potential will decrease as compared to pre-accident and she is likely not to obtain Grade 12, with at least Grade 9/10 she is likely to enrol at a skills centre and earn a living. She however, remains suitable for various jobs in the open labour market from both an orthopaedic and functional perspective. Her cognitive abilities seem to have been compromised by the accident.

Actuarial report

[16]   For a proper understanding of the actuary report, I will quote all relevant parts up to the conclusion.

                          “2.      INCOME

                             2.1  Information provided:

          I was instructed to base calculations on a report dated 11 May 2017 by Industrial Psychologist Ms M Kheswa. According to her report:

·        Ms Maleho was a Grade 1 learner at the time of the accident.

·        Had the accident not occurred:

o “Scenario 1: Matric: After completion of matric, probably in 2018/2019, it could have taken Kgomotso about 2-3 years to secure work. For the next 3-5 years she could have opted for any fragmented work available, earning on a Paterson level A1/A2 (basic salary). After this period she could then have entered the labour market on the lower quartile of Paterson A3 level, reaching her occupational ceiling at age 45 years earning at Paterson B3/B4 median quartile, basic salary.

o “Scenario 2: Post-matric certificate: After completion of matric, probably in 2018/2019, it could have taken Kgomotso about 2-3 years to secure work. For the next 3-5 years she could have opted for any fragmented work available, earning on a Paterson level A1/A2 (basic salary). After this period she could then have entered the labour market on the lower quartile of Paterson B3 Level, reaching his occupational ceiling at age 45 years earning at Paterson C1/C2 median quartile, basic salary.

o “Scenario 3: Diploma: After completing her matric probably in 2018/2019, Kgomotso could have enrolled for tertiary studies on a part time basis if she could have earned an income to pay her tertiary studies. It could then have taken her about 5 years to complete a diploma qualification. As a matriculant she would have been able to enter the labour market on the lower quartile of a Paterson level A3, progressing at intervals of 4 years until she completed her diploma. She could then have entered on the median of a Paterson level B4, progressing at intervals of 4 years in real terms to eventually plateau on the median of Paterson level C3/C4 (median quartile, total package) when she reached 45 years.”

o Retirement at age 60-65 years.

·        Having regard to the accident:

o “Has repeated grade 4… She is currently in Grade 9.”

o “In light of the Educational Psychologist’s opinion, should Kgomotso exit mainstream schooling her attainments Grade 9/10 will make her eligible for placement at a skill centre, most likely Technical and Vocational Education and Training centre, with a TVET qualification (matric equivalent). Kgomotso could enter the labour market on the lower quartile of semi-skilled non-corporate workers reaching her occupational ceiling at the midpoint between the median and upper quartile band by the time she reaches the age of 45 year with applicable inflationary increase thereafter.”

o “The writer notes reported epileptic seizure, depending on the prognosis and controllability she might be excluded from any work that requires driving, climbing heights, working with hot or sharp substances and from working along the roads. This will further restrict her employment options.”

o “The writer recommends a follow-up evaluation at the age of 18 years and when she becomes ready to enter the open labour market.”

2.2  Income had the accident not occurred:

Considering the above, I assumed that, had the accident not occurred, Ms Maleho’s income would have been as follows (all amounts are shown in July 2017 terms):

Scenario 1: Matric

·         She would have started working on 1 July 2021, earning R93 000 per year (average of median basic salaries Paterson A1/A2)

·         Increasing with earnings inflation for 4 years

·         Thereafter, an income of R97 000 per year (lower quartile basic salary Paterson A3)

·         Thereafter, increasing in a straightline until reaching R182 000 per year (average median basic salaries Paterson B3/B4) at age 45

·         Thereafter, increasing with earnings inflation until retirement at age 62½.

Scenario 2: Post-matric certificate

·         She would have started working on 1 July 2021, earning R93 000 per year (average of median basic salaries Paterson A1/A2)

·         Increasing with earnings inflation for 4 years

·           Thereafter, an income of R148 000 per year (lower quartile basic salary Paterson B3)

·         Thereafter, , increasing in a straightline until reaching R248 000 per year (average median basic salaries Paterson C1/C2) at age 45

·   Thereafter, increasing with earnings inflation until retirement at age 62½.

Scenario 3: Diploma

·         She would have started working on 1 July 2019 (date assumed), earning R97 000 per year (lower quartile basic salary Paterson A3)

·         Increasing with earnings inflation for 5 years

·         Thereafter, an income of R259 000 per year (median package Paterson B4)

·         Thereafter, increasing in a straightline until reaching R510 500 per year (average of median packages Paterson C3/C4) at age 45

·         Thereafter, increasing with earnings inflation until retirement at age 62½.

2.3     Income having regard to the accident:

          Considering the above, I assumed that, having regard to the accident, Ms Maleho’s income would be as follows (all amounts are shown in July 2017 terms):

·         She would have started working on 1 July 2021(date assumed), earning R25 500 per year (lower quartile earnings semi-skilled workers)

·         Thereafter, increasing in a straightline until reaching R105 000 per year (average median basic salaries Paterson B3/B4) at age 45

·         Thereafter, increasing with earnings inflation until retirement at age 62½.

4.         RESULT OF CALCULATIONS

             I calculated the present value of the loss of income to be as follows as at 05/03/2018:

	Scenario 1	Scenario 2	Scenario 3
Income if accident did not occur	3 065 719	4 343 804	7 272 660
Income given accident did occur	1 631 723	1 631 723	1 631 723
Difference	1 433 996	2 717 081	5 640 937

General contingencies should still be taken into account.

The above figures are merely the calculated expected present value of the assumed loss of income. No allowance has been made for possible apportionment of merits, possible limitation of the claim or possible curator fees.

I do not express any opinion on the assumed income, but simply did calculations on my interpretation of the recommendations of the industrial Psychologist.”

[17]   On the day when this matter was argued before Court, it was common cause between the parties that Kgomotso was doing Grade 11 at school. This fact defies the finding of some experts that she would be re-routing after Grade 9, to Further Education and Training (FET). Mr Ferris for the respondent submitted that the plaintiff had failed to prove her damages because Kgomotso had passed Grade 10 and was busy with Grade 11 as at date of trial. The experts were wrong to suggest that after Grade 10 she would be re-routing to FET; said Mr Ferris. The findings of the actuary, continued Mr Ferris, are equally incorrect because they were drawn up by the actuary based on the incorrect information. Defendant’s counsel finally suggested that Kgomotso must be evaluated again by Ms Kheswa.

[18]   I am unable to follow the route suggested by Mr Ferris. I do not think that what the experts said about re-routing to FET should cloud the real issue. The crucial issue before me is whether the accident, compromised Kgomotso in such a way that she will struggle to pass matric. We all know that in 2017 she was in Grade 11, so if she passed then in 2018 she should be in Grade 12. Ms Kheswa expert report in relation to the first three scenarious are based on the assumption that she (Kgomotso) will pass matric. The actuarial calculations are based on the same rational i.e. that in the first three scenarious she will pass matric. In my view, there is therefore no misdirection on the part of any expert. The actuarial conclusions and calculations are based on sound and reasonable objective facts. The same applies to Ms Kheswa. It is interesting now that Mr Ferris is questioning the correctness of his client’s own expert, Ms Kheswa.

Conclusion

[19]   The Court accepts the conclusion and recommendation of the actuary. The Court will apply contingency deductions of 20% and 25% on pre-morbid and post morbid respectively. The plaintiff has satisfactory shown that the actuary’s most appropriate scenario fitting the plaintiff is the first scenario. The first scenario postulates less on the heads of damages “Future Loss of Earnings” of R3 065 719 and R1 631 723 on the pre and post-accident respectively, of course subject to a deduction of 20% and 25% respectively on pre and post-morbid scenario respectively. The results of the calculation gives me a sum of R1 228 782.75 which must be awarded to the plaintiff (Kgomotso).

[20]   In the result, the following order is issued:

          20.1    The defendant is ordered to pay:

20.1.1   One million, two hundred and twenty eight thousand rand and ninety     five cents (R1 228 782.95) to the plaintiff.

            20.1.2    Payment must be made within thirty (30) days from date hereof.

             20.1.3    The said amount of R1 228 782.95 to be paid to the plaintiff’s attorneys             namely: CN Carey Attorneys Trust Account.

                                                            First National Bank Lichtenburg

                                                            Account no: 6…

                                                            Branch Code: 240 139

20.1.4    The defendant will not pay interest on the aforesaid if paid as set out above.

20.1.5      The defendant is ordered to pay the plaintiff taxed or agreed party and party costs which costs will include but not be limited to the preparation costs of the plaintiff’s experts.

__________________

SAMKELO GURA                                                                     

JUDGE OF THE HIGH COURT

NORTH WEST DIVISION

APPEARANCES:

DATE OF HEARING:                              05 MARCH 2018                             

DATE OF JUDGMENT:                          19 OCTOBER 2018

COUNSEL FOR APPLICANT:                 ADV DE AGRELLA

COUNSEL FOR RESPONDENTS:          ADV FERRIS

ATTORNEYS FOR PLAINTIF:               C N CAREY ATTORNEYS

ATTORNEYS FOR RESPONDENTS:     MAPONYA INC

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