Traditional Healer Receives Justice After Devastating Accident Impacted Her Livelihood
The Mpumalanga High Court in Mbombela recently ruled that the Road Accident Fund (RAF) must pay R1.2 million in damages to Nokuthula Gwebu, a 33-year-old traditional healer. The court recognized the substantial impact of a 2022 car accident on her ability to perform her duties as a sangoma, awarding the compensation based on the loss of her sense of smell and taste—essential to her profession.
The Collision That Changed Everything
In May 2022, Gwebu was involved in a car accident that left her with multiple severe injuries. As a sangoma, her work relies heavily on her sensory abilities to identify and mix traditional herbs and fruits for rituals and treatments. The accident caused irreversible anosmia (loss of smell) and ageusia (loss of taste), severely impairing her ability to fulfil her professional duties.
In addition to the sensory losses, Gwebu suffered other debilitating injuries, including the loss of her left eye, extensive facial scarring, and left-sided facial nerve palsy, which affects her eating and drinking. Reports from orthopaedic and neurological experts highlighted ongoing pain, memory deficits, and a potential risk of future epilepsy.
A Dispute Over Lost Earnings
Gwebu claimed R2.7 million for damages and loss of income, citing her dual roles as a traditional healer and a caterer. However, the RAF contested the validity of her income from catering, as no documentation or bank records substantiated her claims.
Despite the lack of formal records, Gwebu testified that she earned approximately R72,000 annually from her healing services, charging R22,000 per client for initiation rituals. However, discrepancies in her reported earnings and a lack of corroborative evidence weakened her case for the full claim.
Court’s Verdict: Justice for Gwebu
The court ultimately ruled in Gwebu’s favour but reduced the compensation to R1.2 million, deeming it fair given her significant injuries and their impact on her livelihood. Acting Judge L. Coetzee acknowledged the critical role of smell and taste in Gwebu’s profession, stating:
“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.”
The judge, however, dismissed claims related to the catering business due to insufficient evidence of operational income.
A Life Forever Changed
This ruling highlights the profound implications of car accidents on individuals whose professions depend on unique skills or senses. For Gwebu, the loss of her sensory abilities means adapting to a new way of working, possibly with assistance, to fulfil her duties as a sangoma.
As RAF fulfils its obligation, this case underscores the importance of fair compensation for those whose livelihoods are jeopardized by unforeseen accidents.
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