The former defence force member, now deceased, was left a quadriplegic after his vehicle overturned in 2012. Picture: Shutterstock The Northern Cape MEC for Roads and Public Works has been ordered to pay 80% of a damages claim lodged by a South African National Defence Force (SANDF) member who was left a paraplegic when the vehicle he was driving overturned after hitting a pothole. Judge Lawrence Lever said the MEC had a duty of care to maintain the relevant road in a way that kept it free of hazards for road users – and, if he could not, had a duty of care to ensure that a warning sign was appropriately placed to alert road users of the danger.
Lever said the MEC had “failed on both counts”. The parties agreed on 4 July 2017 that the issues of the merits and quantum be separated. This means the judgment did not include an order on the quantum of the damages claim.
Mofoka, who is now deceased, instituted the claim and was substituted as the plaintiff on 4 February 2021 by the executrix of his estate. The damages claim arose from a motor vehicle accident on 7 February 2012. Mofoka was driving on the R31 provincial road between Koopmansfontein and Danielskuil in a light delivery military vehicle with Warrant Officer (W/O) Frye.
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They were on their way from Postmasburg to Kimberley to attend a work-related meeting. It was alleged the vehicle hit a pothole, causing him to lose control of the vehicle and suffer serious injuries that rendered him a quadriplegic. Mofoka alleged the MEC was responsible for the maintenance and upkeep of this road and for keeping it in a safe and good condition.
He further alleged the accident was caused by the sole negligence of the MEC, or of officials acting in the course and scope of their employment, and that they were negligent in failing to comply with one or more of their positive duties. These included failing to maintain and keep the relevant road in good repair, failing to display appropriate road signs in advance of such potholes, and warning motorists of the potholes in the road so that they could adjust their driving in a manner appropriate to suit the prevailing road conditions.
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