Couple claim R500 000 in damages over daughter’s death

2016-07-07 11:26

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Pietermaritzburg - A couple from Inanda, Durban, have lodged a damages claim totalling R500 000 arising from the death of their daughter, who was killed when a school bus transporting pupils on an excursion overturned at Shongweni.

The accident that killed Namsile Kolisang (14) allegedly occurred on the Main Road in the Shongweni area on March 1, 2014. Her parents, Simphiwe and Promise Kolisang, have instituted a damages claim for R250 000 each for the emotional shock they suffered as a result of their daughter’s death.

According to the court file the claim has been lodged against the KZN MEC for Education and Soobhugs Coach Services CC, which is based in Pietermaritzburg.

According to the court papers, Namsile and fellow pupils from Albini High School at Shongweni were being transported from school to uShaka Marine World in Durban by a Soobhugs bus for an excursion when the accident happened.

They were travelling in a single-deck Nissan bus, which veered off the road and rolled, allegedly through negligence.

The papers allege that the driver, identified as Nzuka Josiah Xaba, was negligent because he failed to keep a proper lookout; drove at an excessive speed in the circumstances; that he was intoxicated, and that he failed to exercise reasonable control over the bus.

It is alleged that the education authorities breached the terms of their agreement with Namsile Kolisang and her parents to care for her safety.

The case briefly came before Judge Rishi Seegobin in the Pietermaritzburg high court yesterday and was adjourned indefinitely without a date for trial being set down. Soobhugs Coach Services CC, which has noted its intention to defend the case, was ordered to pay the wasted costs of yesterday’s adjournment.

Read more on:    pietermaritzburg  |  court  |  death
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