Quadriplegic accident victim denied compensation over ‘unreliable evidence’

Mpumalanga High Court on Wednesday dismissed Bhekilifa Mazwi Nkosi, rendered quadriplegic in a 2019 car crash, a  multimillion-rand Road Accident Fund claim.

Acting Judge Mangena ruled that Nkosi failed to prove entitlement for future earnings loss, citing flawed evidence from his expert witnesses.

Nkosi, now 26, was severely injured in the January 2019 accident at age 22, leaving him unable to use his limbs and dependent on full-time care.

He sought R14 million from the Road Accident Fund, including R10 million for lost earnings from his R3,500 monthly job as a waste collection general worker in Mbombela.

The court found critical gaps in evidence supporting Nkosi claim that he would have pursued teaching qualifications.

Educational psychologist Mmaserome Dipale testified Nkosi had academic potential but admitted her report omitted his stated study ambitions and misstated his pre-accident employment duration.

Industrial psychologist Bathobile Nkambule relied on Dipale discredited findings without verifying school records or employment status.

Judge Mangena highlighted contradictions between oral testimony and written reports, noting both experts failed to obtain school records, employment contracts, or university application proof.

Their opinions lacked objectivity, violating court standards requiring expert neutrality.

The RAF disputed only the earnings claim, leading to absolution from the instance—a ruling that leaves the claim unresolved due to insufficient evidence.

No costs were awarded. The case underscores scrutiny of expert testimony in injury claims, emphasising that opinions must be grounded in verifiable facts.

Nkosi claims for medical expenses and general damages remain unaffected.