BACKGROUND FACTS

On the ${22}^{nd}$ July $2022$ and at approximately $11h14$ Mrs Khwezi Daka $(38$ years old$)$

was driving a grey VW Polo $($Reg$.$ No: $735246$ EC$)$ along Second Avenue in East

London. A collision occurred between a vehicle driven by Mrs Daka and a white Toyota

Quantum $($Reg$.$ No: $180256$ EC$)$ driven by one Mr Sakhumzi Ngozi. Mr Ngozi was

solely to blame for the collision.

Mrs Daka was taken to hospital where after medical examination it transpired that she

suffered compression fractures of T$8$ and T$12$ of the thoracic spine. She had to

undergo medical treatment. The doctors inform that she is in a lot of pain; will

experience future pain, suffering and discomfort; has been disabled and will suffer

further disability in future; suffered and will suffer a loss of amenities of life.

Prior to the accident Mrs Daka was employed as a Land Surveyor by P & P Civils $($Pty$)$

Ltd earning R$66000,00$ per month. She was unable to work for $8$ months and only

received sick leave for $3$ months. She has returned to work but due to her disabilities

she can only perform light, and office bound duties.

The requisite claim documents have been lodged with the Road Accident Fund $($RAF$).$

There has been due compliance with the procedural and other requirements of the

Road Accident Act. Despite compliance with the requirement set by the Act relating to

the lodgment of claims, no settlement has been forthcoming from the RAF.

You have been instructed by Mrs Daka to proceed to institute litigation against the

RAF.

In relation to the above facts, answer the following questions:

QUESTION $1$

$1\mathrm{.}1$ Which is the most relevant form of proceeding in this matter? Substantiate your

answer.

$1\mathrm{.}2$ Identify the Court with jurisdiction to hear this matter? Substantiate your answer

with reference to calculation of damages as well as case law.

$1\mathrm{.}3$ Mrs Daka instructs you to proceed with instituting proceedings against the RAF.

In this regard, you are required to identify and draft the relevant document to

institute said proceedings. In your document, make reference to all the relevant

annexures to prove the claim for damages.