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Mbalula suffers R2.3 million civil claim due to death caused by potholes and Khalipa uya khupukaaaaaa


Staff reporter

Bloemfontein – The Free State High Court has ordered MEC for Community Safety, Roads and Transport Jabu Mbalula to pay more than R2.3 million to the family of Pieter Eduard Roux, who died in a crash allegedly caused by potholes.

According to court papers, Roux died on 27 October 2018 when the Toyota Land Cruiser he was driving struck a tree on the Kroonstad–Koppies road.

His wife, Johanna Roux, and their daughter instituted legal proceedings against the defendant, claiming R3,507,824 for past and future loss of support following his death.

The plaintiffs argued that Roux had driven over a series of potholes, causing him to lose control of the vehicle before it struck a tree beside the road.

They alleged that the defendant, through its employees, had been negligent by failing to maintain the road properly, take reasonable steps to prevent harm, conduct regular inspections, identify and repair potholes, and implement measures to prevent the accident and Roux’s death.

Delivering judgment, Judge Mhlambi ruled in favour of the plaintiffs and awarded them a total of R2,325,204 in damages.

The first plaintiff was awarded R1,769,466 for past and future loss of support, while the second plaintiff was awarded R555,738.

The court further ordered the defendant to pay interest and the plaintiffs’ legal costs on Scale B.

The judgment once again raises questions about the consequences of inadequate road maintenance and the state’s responsibility to ensure that provincial roads are safe for motorists.

WATCH

It comes amid continuing concerns about road conditions in the Free State. Nearly 18 months after farmers complained and staged protests over the condition of the R708 between Clocolan and Marquard, questions remain about the steps taken to address their concerns.

Khuphuka Khalipaaaaaaa
other related court news, Thanduxolo Khalipa has been vindicated after the Free State High Court upheld his appeal against his conviction.

In a judgment delivered yesterday, Justice Chesiwe found Khalipa not guilty and discharged him.

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