Zimbabwe High Court: Awards Road Accident Damages, Driver 98% Liable

• The Zimbabwe High Court ordered Shamiso Ncube to pay US$99,761 and RTGS$305,887.20 in damages to Elisha Chakezha.
• Chakezha, a former TN Bakery driver, suffered an above-the-knee amputation and other severe injuries after being struck by Ncube's vehicle in May 2021.
• Justice Jacob Manzunzu found Ncube overwhelmingly responsible for the accident, attributing 98% of the blame to her and dismissing claims of significant contributory negligence by Chakezha.
• The damages include compensation for pain and suffering, permanent disability, future medical expenses, and loss of future earnings, with a provision for local currency conversion for the RTGS portion.
• Ncube had previously been convicted of negligent driving under section 52(2)(a) of the Road Traffic Act following the incident.

This significant Zimbabwe High Court damages road accident award, particularly the Elisha Chakezha personal injury award and Justice Jacob Manzunzu damages ruling, sets a notable benchmark for compensation in cases involving permanent disability and loss of earnings, providing crucial TN Bakery driver compensation and clarifying the court's approach to overwhelming defendant fault.

In May 2021, Elisha Chakezha, a driver for TN Bakery, sustained life-altering injuries in a road accident in Warren Park, Harare, when he was struck by a vehicle driven by Shamiso Ncube. The incident occurred on Crowborough Road while Chakezha was standing behind his delivery vehicle, having pulled over to inspect the goods he was transporting. Ncube, driving a Mercedes-Benz, collided with him from behind, leading to devastating physical consequences.

The collision resulted in severe damage to both of Chakezha's legs. His right lower limb suffered such extensive circulatory damage that it necessitated an above-the-knee amputation. Additionally, his left leg sustained multiple fractures around the knee and tibia. He underwent initial surgery to insert pins in his left leg, but a subsequent infection required a second operation, further complicating his recovery and highlighting the profound impact of the negligent driving incident.

Justice Jacob Manzunzu of the Zimbabwe High Court presided over the personal injury award case, ultimately determining that Shamiso Ncube bore overwhelming responsibility for the May 27, 2021 accident. Ncube had previously faced a criminal conviction for negligent driving under section 52(2)(a) of the Road Traffic Act, a fact that underscored her culpability in the civil proceedings. Her defense argued that Chakezha contributed to his injuries because his delivery vehicle was partially on the road, and she claimed to have been avoiding an oncoming vehicle.

However, Justice Manzunzu dismissed these arguments, finding no evidence of a sudden emergency that would excuse Ncube's actions. The court concluded that Ncube's failure to maintain a proper lookout and exercise due caution far outweighed any minor negligence on Chakezha's part. The judgment explicitly stated that Ncube was 98% to blame for the accident, rendering any potential contributory negligence by Chakezha, estimated at most at 2%, as negligible and safely ignorable under the Zimbabwe contributory negligence standard.

Following the determination of liability, the High Court ordered Ncube to pay a significant sum in damages to Elisha Chakezha. The total award amounted to US$99,761, alongside an additional RTGS$305,887.20 for future earnings. The US dollar component of the award was meticulously broken down: US$50,000 was allocated for pain and suffering, permanent disability, and loss of enjoyment of life, reflecting the profound and lasting impact of his injuries.

Further compensation included US$30,000 for future medical expenses, acknowledging the ongoing care Chakezha would require, and US$19,761 for future loss of earnings, specifically the US dollar portion. The RTGS$305,887.20 for future earnings was stipulated to be paid in local currency at the prevailing interbank exchange rate on the date of payment, addressing the practicalities of currency conversion for future earnings in judgments. Ncube was also mandated to cover the legal costs associated with the lawsuit.

The injuries sustained by Elisha Chakezha have fundamentally altered his life, leaving him permanently disabled and unable to resume his career as a driver. An occupational therapist's assessment revealed that despite retaining the use of his upper limbs, he now requires assistance with basic daily activities such as bathing, dressing, and using the bathroom. An orthopaedic surgeon further assessed his permanent disability at 50 percent and recommended a prosthesis for his amputated right leg, underscoring the severity of his condition.

Chakezha testified to his newfound dependence on others and his inability to earn a living as he once did. While his former employer, TN Holdings, continued to provide a monthly allowance of US$353, the company informed the court it could not cover the costs of additional surgery he needed. This significant Zimbabwe High Court damages road accident award, particularly the Elisha Chakezha personal injury award and Justice Jacob Manzunzu damages ruling, sets a notable benchmark for compensation in cases involving permanent disability and loss of earnings, providing crucial TN Bakery driver compensation and clarifying the court's approach to overwhelming defendant fault.

Lawyers and compliance officers in Zimbabwe should note this significant High Court award for personal injury, which sets a benchmark for damages in road accident cases, particularly concerning permanent disability and loss of earnings. The ruling also clarifies the court's approach to contributory negligence, emphasizing that overwhelming defendant fault can render minor plaintiff negligence negligible, and highlights the practicalities of currency conversion for future earnings in judgments.

Source: Original reporting on a High Court judgment