High Court finds North West MEC liable for pothole accident damages

Jacobs suffered various fractures, bruising of the lungs, soft tissue injuries and injuries to his lungs as a result of the accident.North West MEC for Public Works and Roads Gaoage Molapisi has been found by the High Court in Mahikeng to be liable for 100% of the damages “as may be proven or agreed” from the injuries to an engineer whose vehicle hit a pothole on a gravel road, lost control and collided with a tree.

Jacobs further claimed Molapisi was the sole cause of the collision in that he failed in his duty to perform routine maintenance and inspections on the road, such that areas of deterioration and potential danger were not identified timeously.The sole cause of the accident was Molapisi’s negligence, he claimed.

Judge Mfenyana said ultimately the matter revolved around the condition of the road and the maintenance of the road in respect of road signage about its condition, potential hazard and speed limits. Mfenyana said Ingwerson also testified to the lack of warning signs on the road, the poor state of the road, and the condition of Jacobs’s vehicle.

“The defendant’s version, as stipulated in its plea, is to deny any negligence on the basis that there were no potholes on the road.”Judge Mfenyana said the unavoidable conclusion, having established the existence of potholes and a link between them and the accident, is that Molapisi was negligent in failing to maintain the road and keep it in a constant state of repair.

Law Law Latest News, Law Law Headlines

Similar News:You can also read news stories similar to this one that we have collected from other news sources.

Court fines North West education MEC R100k for disregarding order in favour of short-changed teacherCourt fines North West education MEC R100k for disregarding order in favour of short-changed teacher
Source: News24 - 🏆 4. / 80 Read more »

Pretoria High Court dismisses attempt to halt efforts to strengthen public health systemThe department of health has welcomed a decision by the Pretoria High Court to dismiss an attempt by trade union Solidarity to halt its ongoing efforts to strengthen the public health system. Solidarity sought to stop the filling of critical posts under the National Health Insurance (NHI) branch, a unit in the department that deals with NHI-related issues. The NHI Bill is still awaiting President Cyril Ramaphosa's signature.
Source: City_Press - 🏆 7. / 72 Read more »

High Court declares Theewaterskloof manager's appointment unlawfulWilfred Solomons-Johannes was appointed as the acting municipal manager after Boy Manqoba Ngubo resigned. Ngubo reportedly only served five months of his five-year contract. Anton Bredell, the provincial MEC for local government, challenged the appointment of Solomons-Johannes and sought legal advice.
Source: CapeTownEtc - 🏆 17. / 63 Read more »

High court seals NPA’s R500m Optimum Coal forfeiture settlement dealThe order marks the end of the NPA’s case to seize Optimum assets on the grounds that the Gupta-owned Tegeta Resources bought it with the proceeds of crime in 2016.
Source: dailymaverick - 🏆 3. / 84 Read more »

CoCT evicts homeless people from Green Point tennis courtsThis after the metro obtained an eviction order from the Western Cape High Court last week.
Source: ewnupdates - 🏆 30. / 53 Read more »