- Luvuyo Qolo’s Golden Crust Bakery driving contract ended due to injuries sustained in a 2018 motor vehicle collision.
- Court recognises likely career progression at Metrorail from Paterson Level B1 to C1/C2 and applies contingency deductions for reduced future earnings.
- Expert evidence highlights long-term physical and cognitive challenges affecting Qolo’s employability and daily life.
Before the collision, Luvuyo Bonga Qolo was a 32-year-old Metrorail protection officer and ticket verifier in Cape Town. He also held a driving contract with Golden Crust Bakery, transporting staff on night shifts.
Acting Judge PS van Zyl, in the Western Cape High Court, recorded, “He had the contract since 2008 and was regarded as the most reliable of the bakery’s contract drivers.”
Qolo was well-qualified with Grade 12 and a National Certificate in Human Resources. He supplemented his income from Metrorail with the bakery contract, earning R19 600 per month, or R235 200 per year at the time of his injury.
On 18 August 2018, Qolo was involved in a serious collision. Judge Van Zyl described his injuries: “The plaintiff sustained a traumatic brain injury and post-traumatic stress disorder. He also suffered chest and abdominal injuries and multiple fractures of his right and left femur, right and left tibia, and right fibula.
“He has a significant leg length discrepancy of about 4 cm and 80 percent lower extremity impairment. He can only walk for about 50 metres at any given time.”
Loss of the Golden Crust Bakery contract
After the accident, Qolo could no longer drive to the bakery personally and employed other drivers. The bakery eventually reported that the unreliability of these drivers caused financial loss, and the contract was terminated in January 2020.
Judge Van Zyl emphasised, “In the absence of formal and timeous repudiation from the defendant, the agreement between Ms Hako and Ms Maritz as to the causal link between the termination of the plaintiff’s bakery contract and the plaintiff’s injuries is binding on the parties and the court.”
Industrial psychologists Pumla Hako and L Maritz had compiled a joint minute agreeing that the termination was a direct result of Qolo’s injuries. Hako testified for the Qolo while Maritz represented the Road Accident Fund.
The court heard that Qolo’s lost bakery earnings were R19 600 per month or R235 200 per year and would have increased with inflation until he reached age 65. Judge Van Zyl ruled, “The calculation of the bakery earnings loss is subject to a 15 percent contingency deduction in respect of his uninjured earnings.”
Metrorail career and earning capacity
Qolo earned R185 838.96 per year at Metrorail at the time of the accident, placing him at the Paterson B1 total package median quartile. Hako testified that he would likely have progressed to Paterson C1/C2 by age 45, earning increases in line with inflation until retirement at 63.
Judge Van Zyl concluded, “The plaintiff had Grade 12 qualifications with a slant towards economics and accounting, and a National Certificate in Human Resources, which places him in the skilled earnings band (Paterson Scale C). The plaintiff was clearly industrious and hardworking.”
Expert evidence on long-term impact
Neurosurgeon Zane Domingo, orthopaedic surgeon Ben Schutte, occupational therapists Benita Crouse and T Cawood, Hako and Maritz, and actuary Tatenda Mhonde all testified.
Polden, a clinical psychologist, stated: “He was employed as a ticket verifier at Metrorail Protection Services before the accident and had to be reassigned to customer services due to his physical difficulties. In addition to his work at Metrorail, he also had a contract with a bakery providing worker transport.
“Although he had a driver for most days of the week, he would do the driving on the driver’s days off. Since the accident, he has been unable to do the driving due to his limb problems and has had to employ a second driver.
“The brain injury he sustained has led to cognitive and behavioural difficulties that would probably be expected to impede his functioning significantly and negatively affect his employability in the future. He is thus not considered an equal competitor in the open labour market.”
Schutte confirmed, “The plaintiff is suffering from severe chronic pain and weakness of his hip, knees, and legs. He limps heavily and struggles to get into a vehicle because of decreased range of motion of his knees. His condition is likely to get progressively worse due to osteoarthritic changes.”
Crouse added, “The plaintiff should not return to driving under the contract due to difficulties with his leg.”
Court findings and conclusion
Judge Van Zyl found that the Road Accident Fund was liable for Qolo’s loss of earning capacity. Costs are reserved pending final calculations.
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