Problem: Read the set of facts below and answer the questions that follow.
Zodwa, whose action for personal injury claims is before court, realises that she urgently needs money to repay a personal loan she took to cover her hospital bills and other related expenses, which are due. She further tells you that her employer put her on unpaid leave of incapacity that was caused by the wounds she sustained from the same accident. Presently, she needs support for herself and her two minor children who are depended on her income for support as well. The Road Accident Fund (RAF) has conceded liability but is awaiting the court to determine the quantum of her damages. Zodwa approaches you for advice on whether she can claim interim relief from the fund, while awaiting the court date for the quantification of her damages.
(a) Advise Zodwa clearly, on how she may go about her application to claim interim payment against RAF to obtain money she desperately needs. Use legislation, Uniform rules and case law to support your advice to her.
(b) In a separate incident, your friend who strongly believes that modern damages claimed through the actio iniuriarum must still carry an element of punishment, comes to you to seek your opinion on the matter. Draft an argument that you will present to him, to correct his misapprehension. Your argument must include the views expressed in Fose v Minister of Safety and Security 1997 (3) SA 786 (CC), and Dikoko v Mokhatla 2006 (6) SA 235 (CC).