Pothole payment

2008-08-25 00:00

By its ruling in the matter of the cyclist who was severely injured when he tried to avoid a pothole on a public road, the Constitutional Court may have set a precedent that will be widely welcomed. Having reflected on the case and on the findings of first the KwaZulu-Natal High Court and then the Supreme Court of Appeal, Concourt has, with duly judicious balance, determined that while the cyclist himself has a degree of responsibility for what happened, the bulk of the blame rests with the provincial authorities. The pothole had been there for a very long time and had grown dangerously large, yet nothing had been done either to erect warning signs or to repair the road. The officials responsible for inspection and repair had therefore been negligent and the province must pay.

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