A driver’s overtaking manoeuvre in June 2016 came under scrutiny in the Eastern Cape High Court (Mthatha), where his damages claim failed so dismally that it was found devoid of merit.

A Cape Times report says the driver had sought R3.5m against the Road Accident Fund (RAF), where he had to prove on a balance of probabilities that Sakhephi Aron Timoti – the driver in an oncoming lane – was negligent.

Deputy Judge President Zamani Nhlangulela ruled that he did not believe that the circumstances under which the accident took place could have given the plaintiff the luxury of time to make the double swerves that he spoke about when he testified.

‘The plaintiff’s contradictions that emerged when he was cross-examined render his evidence totally unreliable.’

He added: ‘To illustrate the point, the plaintiff conceded that he, not Timoti, caused the collision in that the collision took place on his incorrect side of the road. This concession cancelled the earlier version that a collision took place after the truck had been successfully overtaken and during the manoeuvre that saw the plaintiff’s vehicle swerving back to the incorrect lane and again swerving towards the correct lane. Consequently, the plaintiff’s version of the events is not correct.’

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Judgment