Premier must pay up R200 000+

2008-04-15 07:19

East London - Premier Nosimo Balindlela has been ordered by East London High Court to pay more than R200 000 in damages to a Pretoria businessman for a car accident in 2001.

The Daily Dispatch reported on Monday that Hendrik de Kock had successfully sued Balindlela for negligence for a total amount of R204 297.

De Kock's civil action against the premier was the result of "public officials failing to properly barricade and erect warning signs, on the R61 between Queenstown and Cofimvaba".

This resulted in a car accident, in which De Kock's vehicle ran off the road, and down an embankment into a river. According to the report, the car was a write-off.

The High Court action began after her office failed to acknowledge an order from King William's Town Magistrate's Court, to pay De Kock R79 631, in 2003.

Legal costs added

This amount included De Kock's travelling costs and legal expenses.

In January 2005, the court added an amount of R23 693 for the applicant's legal costs.

Balindlela's office appealed against the judgment, but it was dismissed with further costs.

The State attorney had argued that payment had already been made to De Kock's attorney, but De Kock had claimed "there was no proof of such a payment".

In his affidavit, De Kock stated that: "The respondent's flagrant disregard of the (court) orders not only constitute a breach by the respondent and the government of the Eastern Cape's obligations in terms of the constitution. It also demonstrates a challenge to the authority of the courts of the land."

Judge Leon Kemp said that the court order to pay De Kock had to be served on the premier personally.

He further ordered her to pay the judgment debt, together with any further interest that had accrued since October last year.

- SAPA