RAF ordered to pay Sangoma R1.2 million after she lost taste and smell that affected her work

The Mpumalanga High Court in Mbombela has ordered the Road Accident Fund (RAF) to pay a traditional healer R1.2 million in damages after a car accident damaged her smell and taste which was said to be critical for her role as a traditional healer.

Nokuthula Gwebu, 33, was involved in a car accident in May 2022.

At the time of the collision, she worked as a traditional healer and claimed to have run a catering business on the side.

RAF initially conceded liability, agreeing to compensate Gwebu 100% for damages. RAF also offered to provide her with a statutory undertaking for future medical expenses.

Gwebu claimed R2.7 million for loss of income and injuries.

RAF had concerns over the loss of earnings that Gwebu was claiming, specifically her income as a traditional healer and as a self-employment caterer.

Furthermore, there was a dispute about whether the catering business was operational at the time of assessment by the occupational therapist or if it was merely Gwebu's future plan.

To support her claim, Gwebu brought reports from different medical experts explaining the extent of her injuries.

An Orthopaedic Surgeon testified that Gwebu suffers from multiple ongoing complaints including losing her left eye and now bears extensive scarring on the left side of her face. She also has left-sided facial nerve palsy, which affects her ability to eat and drink, causing fluids to dribble from the left side of her mouth.

Moreover, she experiences weekly headaches and there's a decline in her memory and she requires regular dressings for her left foot due to incomplete healing. She also reported persistent pain in her right thigh and occasional pain in her right knee, with her walking ability now limited to 30-45 minutes.

A plastic surgeon concluded that Gwebu scarring prevents her from consulting directly with clients, which directly impacts her income. Furthermore, due to trauma to her lower leg, she was unable to collect herbs in the bush as she previously did, as she was now unable to move like before.

A neurologist provided a comprehensive opinion regarding Gwebu's neurological injuries and said her complaints of persistent headaches, memory deficits, and personality alterations, are a risk of epilepsy in the future which is a direct consequence of injuries sustained during the accident.

Additionally, he observed that Gwebu suffers from anosmia and ageusia (smell and taste disorders) which he considers permanent and irreversible.

An Ophthalmologist concluded that the loss of her left eye will hinder her from obtaining a Professional Driving Permit (PDP) and she will be unable to work at elevated heights.

In her testimony, Gwebu explained that being a traditional healer requires sensitivity and the ability to receive and interact with clients appropriately.

This involves undergoing specific rituals, such as the dancing ritual, and training in identifying and using traditional fruits for various rituals and treatments, which necessitates the ability to smell and taste these fruits.

She testified that due to the collision, her sense of smell and taste has been impaired, which severely impacts her ability to perform her work as a traditional healer. She indicated that she can no longer identify or mix traditional items and now requires assistance to fulfil her duties.

With respect to her income, she stated that she lacked documentary evidence to support her earnings claims. However, she testified that her annual income amounted to R51,600 from the catering business and R72,000 from traditional healing services.  

Additionally, she charged approximately R22,000 per client for initiation rituals, estimating that she had about three clients per year.

When questioned about inconsistencies in her reported earnings to people who interviewed her, particularly regarding the initiation fees, Gwebu explained that the amounts charged could vary and said the R22,000 was not a fixed fee.

She admitted that she had not obtained any corroborative affidavits or written confirmation from clients to substantiate the amounts allegedly received.  She also testified that she did not have a bank account prior to the collision and had only recently opened one.

Lastly, she said that her memory, particularly concerning dates and figures, had been impaired since the collision and this cognitive difficulty might account for discrepancies in her evidence.

One of Gwebu's trainees, Eunice Mhlanga, testified that she was trained in 2015 and now she also trains other traditional healers. She stated that for a complete initiation process, she charges clients an amount of R21,000. In addition, she charges R6,000 for performing house strengthening or protection rituals.

Acting Judge L Coetzee said regarding the catering business, there were no records of income, bank statements, business documentation, or any collateral information indicative of formal business operations.

"On the available evidence, it appears that the catering business was, at most, an undeveloped prospect, and any claimed income from this venture has not been proven," said the judge.

However, the judge said considering Gwebu's injuries, R1.2 million was fair and appropriate in the circumstances," said the judge.

"It is clear that the plaintiff (Gwebu) has suffered a significant loss of income as a direct consequence of the severe injuries sustained in the collision. The plaintiff’s loss of smell and taste, critical senses required for her role as a traditional healer, has substantially compromised her ability to perform her professional duties."

sinenhlanhla.masilela@iol.co.za

IOL News