Judge tells RAF to pay traditional healer R1.2m for losing her sense of smell

The Mpumalanga High Court has ordered Road Accident Fund (RAF) to pay a traditional healer R1,2m for loss of earnings which affected her sense of smell and taste following a car accident.

The traditional healer Nokuthula Gwebu was involved in a car accident two years ago and RAF has initially conceded to her claim for general damages and future medical expenses. However, RAF disputed her claim for loss of earnings and questioned her income as a traditional healer including her catering business which it doubted had existed prior to the accident. 

According to the court judgment delivered recently, Gwebu contented that the collision has significantly impaired her ability to perform her duties as a traditional healer due to a loss of smell and taste which are important in her profession. She also claimed that her catering business was disrupted as a result of her injuries.

She sustained physical injuries which include a frontal bone fracture with pneumocephalus, left orbital wall fracture, left zygoma fracture, cerebral oedema, midlung contusion, severe facial lacerations, and bilateral femur fractures. She said the scar on her face made it difficult for her to consult with clients. 

She also told the court that as a result of the accident she also left the catering business that she had partnered with her sister.

In strengthening her case, Gwebu brought the services of an oral and plastic surgeon, neurologist, ophthalmologist and a clinical psychologist among others. 

Gwebu explained to the court that being a traditional healer requires sensitivity and the ability to receive and interact with clients appropriately. She said 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. 

"The plaintiff (Gwebu) has suffered a significant loss of income as a direct consequence of the severe injuries sustained in the collision," read the judgement. 

"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."

Judge L Coetzee said R1.2m was "fair and appropriate".

"Having considered the plaintiff's injuries, necessary future medical treatment, prognosis, expert assessments, and applicable case law, the court finds that an award of R1,2m is fair and appropriate in the circumstances," said the judge.

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