Potholes remain an increasing problem on the country’s roads, but motorists can hold local authorities accountable for injuries or damages caused by these obstacles.

However, they will have to prove their case, as a motorcyclist who was severely injured when he hit a pothole discovered.

A Cape Times report says Jaco Schlebush (40) turned to the Mpumalanga High Court (Mbombela) to claim damages from that province’s Public Works, Roads & Transport MEC.

He said he could no longer perform his job as a motorbike mechanic as he did before.

In May 2020 the motorbike he was riding hit a pothole on the R40. In the accident his protective clothing was damaged and he was injured. He was treated at the Nelspruit Medi-Clinic.

Schlebush argued that the MEC was responsible for the road infrastructure, maintenance and the erection of appropriate road signs within the province. He said it was the duty of the MEC, in his official capacity, to warn road users of prevailing dangerous conditions.

An expert on road surfaces testified that Schlebush could not have done anything in the circumstances to avoid the pothole.

According to the expert, the MEC was negligent and should be held liable for the injuries Schlebush suffered as well as the damage to his motorbike and protective clothing. 

Judge BA Mashile found that as the MEC did not oppose the claim, Schlebush’s evidence on the circumstances of the accident had to be accepted.

Schlebush claimed R1.5m for general damages, but the judge ordered the provincial government to pay him R550 000. He rejected Schlebush’s claim for loss of earnings as this was not proved.

Full Cape Times report

Judgment