Motorist awarded R26. 6m after pothole accident leaves her paraplegic
Image: File
A pothole in the North West Province will cost the MEC of the Department of Public Works, Roads and Transport more than R26.6 million after a motorist was involved in an accident when she drove through the pothole, which left her a paraplegic.
The North West High Court, sitting in Mahikeng, ordered the department about three months ago to pay this amount to the plaintiff, only identified as Beauty. However, the department has to date not yet paid up.
Her attorney, Righardt Bezuidenhout, said the department promised that it would pay by Wednesday. However, by the time of publication, she had not yet been paid.
Bezuidenhout had obtained an order to attach the assets of the provincial department, to sell at auction in a bid to receive payment. The department, in the meantime, promised to make the payment to avoid its assets being sold at public auction.
Bezuidenhout earlier managed to secure an order against the provincial department after proving that the pothole was the cause of the accident, in which Beauty was left a paraplegic. She lost control of her car in 2014 when she hit the massive pothole on a public road, and her vehicle overturned.
The provincial department was held responsible as it was proved to have been negligent for not fixing the pothole earlier. The court was told that the pothole had been there for some time and that it was fixed a few days after the accident.
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Next
Stay
Close ✕
The provincial department was held 100% liable for the damages she could prove she had suffered as a result of the accident. Beauty was a highly functional nurse prior to the accident, but she is now left helpless and needs around-the-clock assistance.
During the second leg of the court case earlier this year, a host of experts were called in a bid to determine how much compensation Beauty should receive. The damages claimed by her were for past medical expenses, future medical expenses, loss of earnings, and general damages.
In determining her damages, Deputy Judge President Tebogo Djaje considered the fact that Beauty was employed as a professional nurse at the time of the accident. She had been in service for approximately 25 years.
Since the accident, she has not been employed and was medically boarded in 2016. She will not be able to return to work as she presents with a physical impairment of 77%, according to the orthopaedic surgeon.
Apart from being wheelchair-bound, she uses an indwelling catheter as well as nappies and is completely dependent on her daughter for assistance. The only physical activity that she can do is gardening to a limited degree.
According to the experts, the plaintiff will require extensive future treatment. Apart from spinal injuries, she also suffered a hip fracture, as well as shoulder and rib fractures. Her injuries further left her with several scars, and she lost four of her front teeth.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Herald
10 hours ago
- The Herald
Deadly George building collapse was 'entirely preventable': Macpherson
The full ECSA investigation report will soon be published in the government gazette and an appeal window to these finding is currently underway which expires on August 3. This report must form part the police investigation to establish criminal negligence for what happened, he said. "If criminal wrongdoing is established, those responsible must be prosecuted without delay. We must ensure that people are held accountable for 34 souls losing their life." The reforms will be carried out in three phases as follows: Phase 1 from 2025 to 2026: Immediate interventions, including new regulations, mandatory standards and emergency protocols; Phase 2 from 2026 to 2028: Implementation of long-term reform, including legislative amendments and competency-based registration systems; and Phase 3 from 2028 onwards: Institutional consolidation and relocation of custodianship of building regulations functions and standards to the department of public works & infrastructure. A total of 34 people died and 28 were injured. Among those on the site were South Africans, Mozambicans, Malawians and Zimbabweans. Macpherson said he had noted how the tragedy had taken a toll on the families of the dead and injured workers. "There is great suffered in the families. They struggle to put food on the table, pay medical costs and have psychological challenges," he said. "We are exploring options with the department of social development and NGOs to provide relief or support to the families most affected, including those who have lost primary breadwinners. We also take seriously the vulnerabilities faced by foreign nationals on construction sites, many of whom work under exploitative or undocumented conditions." As political parties, it didn't help to abuse the situation for political gain, he added. George building collapse survivor Elelwani Mawela of Limpopo spoke about the sadness she experienced after the tragedy. She said while she survived it was difficult to talk about as she burst into tears and was comforted by Macpherson. TimesLIVE
IOL News
a day ago
- IOL News
NPA seizes R600,000 Fortuner used in blue-light crime near Vryburg
The Asset Forfeiture Unit of the National Prosecuting Authority in the North West Division has obtained a preservation order from the North West High Court Image: Pexels The Asset Forfeiture Unit (AFU) of the National Prosecuting Authority (NPA) in the North West Division has secured a preservation order from the North West High Court regarding a silver Toyota Fortuner valued at approximately R600,000. This order pertains to the vehicle, which was deemed an instrumentality in the commission of an offence as outlined in Schedule 1 of the Prevention of Organised Crime Act (POCA), 121 of 1998. The case stems from an incident on April 27, 2025, when law enforcement officials apprehended a suspect along the N18 near Vryburg for unlawfully employing blue identification lights on the vehicle. These lights are reserved exclusively for authorised emergency and law enforcement personnel, and their improper use is strictly prohibited under Regulations 176 and 185 of the National Road Traffic Regulations, 2000. According to South African law, the use of blue lights is limited to specific individuals, including members of the South African Police Service (SAPS), municipal police officers, provincial and municipal traffic officers, and the Military Police of the South African National Defence Force (SANDF). The apprehended suspect was not only charged with road traffic violations but also found to be in contravention of the Immigration Act, 2002. He was subsequently convicted for being in South Africa without valid documentation and has been deported as part of immigration enforcement measures. The NPA has hailed the court's decision as a resounding endorsement of legal principles and a decisive move to combat the misuse of state-like authority by individuals impersonating law enforcement personnel. In their view, this ruling is a clarion reminder that actions which jeopardise public safety and erode trust in legitimate law enforcement will be met with serious repercussions. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Dr Rachel Makhari, the Director of Public Prosecutions in the North West, expressed commendation for the AFU, recognising their swift action in securing this preservation order. 'This outcome reaffirms our commitment to tackling the growing issue of so-called 'blue light bullies' who intimidate innocent road users and undermine public safety," she stated. "These individuals often act with impunity, posing a serious threat not only to the physical safety of citizens but also to the credibility of law enforcement agencies.' Dr Makhari further emphasised that the NPA, through its Asset Forfeiture Unit, will relentlessly pursue decisive actions against this form of organised criminality. This includes seizing vehicles unlawfully utilised in criminal activities and seeking suitable legal remedies. 'We remain steadfast in our duty to uphold the law and protect our communities from those who seek to exploit authority for criminal gain,' she added. IOL
The Citizen
2 days ago
- The Citizen
NPA secures preservation order in unlawful blue lights case
The suspect who was driving the car that was illegally fitted with blue lights was an illegal immigrant and has been deported. The North West High Court has granted the National Prosecuting Authority (NPA) a preservation order which relates to an SUV unlawfully fitted with blue lights. The order was granted to the NPA's Asset Forfeiture Unit on Wednesday, allowing it to seize the silver Toyota Fortuner valued at about R600 000. Driver arrested in Vryburg This comes after a suspect was arrested for unlawfully using blue identification lights along the N18 near Vryburg on 27 April. According to NPA communications officer Sivenathi Gunya, the arrest was made in terms of regulations 176 and 185 of the National Road Traffic Regulations, 2000. '[The regulations] prohibit the unauthorised fitting or display of blue lights reserved exclusively for emergency and law enforcement vehicles,' Gunya said in a statement. 'According to the law, only specific personnel are permitted to use such lights when performing official duties.' These include members of the South African Police Service, municipal police, provincial and municipal traffic officers, and the military police of the South African National Defence Force. More woes for the suspect To make matters worse, the suspect was in the country illegally. ALSO READ: Thrrr…Phaaa: Musician Selaelo Selota's Mercedes frozen as SIU probes misuse of lottery funds In addition to the blue light offence, he was also charged and convicted under section 49 of the Immigration Act, 2002 for being in South Africa without valid documentation. He was subsequently deported by immigration enforcement procedures. 'Ruling sends a strong message' Gunya said the NPA welcomes the court's decision as a firm affirmation of the rule of law and a critical step in combating the abuse of state-like authority. 'The ruling sends a strong message that the justice system will not tolerate actions that endanger public safety, erode trust in legitimate law enforcement, or create fear and confusion on our roads.' 'A serious threat' Dr Rachel Makhari, North West director of Public Prosecutions, said the outcome reaffirms the NPA's commitment to tackling so-called blue-lights bullies who intimidate road users and undermine public safety. 'These individuals often act with impunity, posing a serious threat to both the physical safety of citizens and the credibility of law enforcement agencies,' Makhari said. 'The NPA, through its Asset Forfeiture Unit, will continue to take decisive action to dismantle this form of organised criminality by seizing their tools of trade, particularly unlawfully used vehicles, and pursuing the appropriate legal remedies. She said the state prosecuting agency remains steadfast in its duty to uphold the law and protect communities from people who seek to exploit systems of authority for criminal gain. NOW READ: Fake commissioner Nhlanhla Mkhwanazis pop up online
