Estate awarded damages for deceased army official's pothole accident

The Kimberley High Court (Northern Cape division) has granted the deceased estate of an army official an 80 percent damages claim after he became a quadriplegic as a result of a road accident. 

The Northern Cape’s Department of Roads and Public Works, as the provincial department responsible for the care, maintenance, and upkeep of the R31 road between Koopmansfontein and Danielskuil on which the accident took place, will have to cough up the costs for the proven damages.

Tragedy struck Motlatsi Mofoka in February 2012 while he was travelling with a South African National Defence Force (SANDF) colleague in a military vehicle on their way to a meeting and hit a pothole in the badly maintained roadway. 

As a result, Mofoka lost control of the vehicle and suffered serious injuries, rendering him a quadriplegic, while the passenger was also injured and hospitalised. After the accident, Mofoka instituted legal action to claim compensation for his injuries.

Mofoka, however, died after the pleadings had closed and litus contestatio had been reached. On February 4, 2021, Mofoka was substituted by the executor of his estate as the plaintiff in this matter.

In his pleadings, Mofoka submitted, among other reasons, that the provincial road department failed to maintain the relevant road in good repair and that the department and its workers failed to display appropriate road signs in advance of such potholes, warning motorists of the potholes so that motorists could adjust their driving in a manner appropriate to the existing road conditions.

Judge Lawrence Lever, however, held that the department had a majority responsibility.