A motorcyclist, Anton Steenkamp, crashed in December 2017 in Mashishing (Lydenburg), South Africa, after riding over potholes and loose gravel on a badly damaged road. Acting judge Zodwa Gumede found that Thaba Chweu municipality was negligent in not repairing or barricading the damaged road, leading to the accident. The municipality has been held 100% liable for Steenkamp's damages.
According to court documents, Steenkamp had stopped at a red traffic light and observed the road ahead, which was full of potholes and gravel. He chose what he believed was the safest route through the damaged surface but lost control of his motorcycle when his front wheel went through a pothole and his back wheel wobbled. Steenkamp fell, struck his head, and lost consciousness.
Sgt Mohale, who attended the scene shortly after the crash, testified that there was a big pothole and loose gravel at the intersection and that the road was badly damaged. Gumede found Mohale's evidence particularly significant as he was an independent witness. The judge also considered the testimony of the municipality's manager for roads and stormwater, Clement Mashigo, who explained the procedures for repairing potholes but could not provide evidence about the road's condition on the day of the accident.
Gumede rejected the municipality's argument that Steenkamp had voluntarily accepted the risk by choosing to ride through the damaged road. The judge stated that Steenkamp had chosen the safest available route and that choosing the least dangerous way through a hazard created by the municipality is not consent to be injured by it. The municipality's argument that Steenkamp was negligent by speeding or failing to observe the road was also rejected.
The judge found that Steenkamp had stopped at the robot, seen the potholes and gravel, and selected the safest available route. Gumede concluded that the municipality had failed to prove any negligence on Steenkamp's part and that it was liable for 100% of his proven or agreed damages. The municipality was also ordered to pay Steenkamp's taxed or agreed legal costs, with interest on those costs if they remain unpaid 31 days after taxation or agreement.
The amount of damages Steenkamp will receive has not yet been determined. Gumede noted that the municipality accepted responsibility for maintaining public roads in its area and owed road users a legal duty to ensure they were reasonably safe or to warn them of dangers. The court's decision emphasizes the municipality's responsibility to maintain safe roads and its liability for accidents caused by negligence.
The case highlights the importance of road maintenance and the consequences of neglecting this responsibility. The municipality's failure to repair or barricade the damaged road led to the accident, and the court has held them accountable.
Key points
- The municipality was found 100% liable for the damages suffered by the motorcyclist.
- The court rejected the municipality's arguments that the motorcyclist was negligent or had voluntarily accepted the risk.
- The amount of damages the motorcyclist will receive has not yet been determined.
