Prudence Dibakoane, a hairdresser from South Africa, has been awarded R2.67m in compensation after a court found that her injuries from a car accident had significantly affected her earning capacity. The accident occurred on March 26, 2022, and resulted in the amputation of her right middle and ring fingers, as well as a back injury. The Road Accident Fund (RAF) accepted 100% liability for the accident, conceding full fault without disputing the driver’s negligence.
At the time of the accident, Dibakoane was working as a hairdresser at Split-ends salon, earning about R6,200 a month. After a year-long recovery, she returned to work but her earnings were reduced to R3,800 a month. In October 2024, she started her own salon, Vivian Salon, and initially earned about R9,800 a month. However, her income later declined to about R8,000 a month. Dibakoane told the court that her injuries had slowed her down and that she could no longer perform certain hairstyles as she had before.
An occupational therapist found that Dibakoane had below-average grip strength in her injured right hand and that her limitations and pain would affect her ability to work at the same level as uninjured colleagues. The therapist noted that being a hairdresser requires using both hands and all fingers when braiding hair, and that Dibakoane's amputation affected her work speed and execution. As a result, Dibakoane sometimes needed assistance at the salon, including someone to wash clients’ hair.
The court heard that Dibakoane estimated she had lost about 10 clients a month because of the slower pace at which she worked. An industrial psychologist projected that Dibakoane would have progressed to higher earnings through self-employment. However, the RAF disputed this projection. Judge Ngwenya rejected the RAF's argument, pointing to what had happened after the accident, and found that Dibakoane's earnings had risen to R9,800, minus costs, despite her injuries and reduced working speed.
Judge Ngwenya ordered the RAF to pay Dibakoane R2,669,334.25 for her past and future loss of earnings. He also ordered the fund to pay interest at 10.25% a year from the date of judgment until payment, as well as Dibakoane’s legal costs. The court further ordered the RAF to provide an undertaking covering 100% of the costs of her future accident-related medical, hospital and related treatment, subject to proof.
However, Dibakoane's claim for general damages was postponed indefinitely pending the outcome of the referral of her serious injury assessment to the Health Professions Council of South Africa. The court case was heard at the Mbombela high court, where Dibakoane detailed the impact of the accident on her life and career. The RAF's acceptance of liability was a significant factor in the court's decision.
The outcome of the case highlights the importance of considering the long-term effects of injuries on a person's career and earning capacity. Dibakoane's case demonstrates that the court will take into account the complexities of self-employment and the impact of injuries on a person's ability to work. The award of R2.67m is a significant compensation for Dibakoane's losses and will help her to adapt to her new circumstances.
Key points
- The Road Accident Fund was ordered to pay R2.67m to Prudence Dibakoane for her past and future loss of earnings.
- Dibakoane lost two fingers in a car accident on March 26, 2022, and her injuries significantly affected her earning capacity as a hairdresser.
- The court ordered the RAF to provide an undertaking covering 100% of the costs of Dibakoane's future accident-related medical treatment.
