Cape Town - Etienne Wiese was 19-year-old matric student travelling as a passenger in a motor vehicle on the R316 between Napier and Caledon on October 14, 2017 when in the blink of an eye his whole life changed after the driver of the vehicle lost control.
In the accident Wiese sustained cervical spine fractures at levels C5, C6 and C7, rendering him a permanent tetraplegic – the inability to voluntarily move the upper and lower parts of his body.
After the accident, Wiese contacted the Road Accident Fund (RAF) but a dispute arose over how much the RAF should pay in damages arising from a personal injury and how much should be awarded to Wiese in respect of his loss of earnings.
Last week Wiese, whose education had been sponsored by a Dutch couple he met through his sister, finally received justice through an order of the high court.
The court heard that Wiese was born and raised in Montagu by his mother and maternal grandparents. He lived with his mother and five siblings in a rented 3-room home with an outside toilet.
In her judgment Judge Judith Cloete said: “Despite the devastating effects of his injury as well as his straitened socio-economic circumstances, Wiese has proven himself to remain determined to better his lot in life.”
She said this was borne out by his studying again for matric, travelling a round trip of one and a half hours each day in public transport to attend the QuadPara programme for two months, and applying for and being accepted into a Vodacom programme.
The court heard from, among others, actuary Peter Ennis, whose calculations concluded that the award for Wiese’s past and future loss of earnings should have been R4 135 563.
The judge ordered the RAF to pay Wiese “R3 135 563, being the total award for past and future loss of earnings of R4 135 563 less the amount of R1 million already ordered as an interim payment towards the same.”
She also ordered Wiese and his mother, Johanna Wiese, be declared necessary witnesses and ruled they were entitled to their travelling and any accommodation costs reasonably incurred in attending the trial.