Widow wins her battle against RAF

A MOTHER has won a nearly decade-long high court battle for compensation from the Road Accident Fund after her husband was killed by a container lifter at Cape Town harbour.

But uncertainty over the payout still hangs over Thandiswa Mbele’s head, as her lawyer said the RAF intended to approach the Supreme Court of Appeal.

In February 2010, Simphiwe Makutoana was struck by a reach stacker, which is used to lift ocean containers. He succumbed to his injuries the following day.

His widow, Mbele, submitted a claim, but said the RAF had rejected it.

Mbele then set out to sue the RAF for damages for the loss of support to her and the couple’s three children, then aged between five months and nine years.

The RAF had disputed liability, charging, among others, that the reach stacker was not a motor vehicle as defined under its legislation.

The matter had appeared before Western Cape High Court Judge Siraj Desai, who found that the reach stacker was not a vehicle as defined under the act.

Mbele then appealed Judge Desai’s ruling and a full bench of the Western Cape High Court found the reach stacker was indeed a “motor vehicle” as contemplated in the act.

“The designers of the reach stacker would have contemplated that it would be required to be propelled along such roads in the harbour… these roads are ordinarily used by duly authorised contractors when travelling around the harbour,” the judgment read.

RAF spokesperson Seretse Nkuna said the fund would respond to questions on the matter in due course.