SCA opens door for government to be sued for pothole-related crash

Late lawsuit allowed as rights of kids who lost their father 'are paramount'

- By Mzwandile kaBizokwakhe [e-mail]

(Gallo Images)

In a landmark ruling with far-reaching implications for road safety and state accountability, the Supreme Court of Appeal (SCA) has granted Martha Johanna Petronella Rossouw the right to sue the Free State government for damages arising from a fatal pothole-related crash, despite a seven-year delay in serving the required legal notice.

The decision made on Tuesday overturns previous decisions by the Free State High Court and its full court, which had denied Rossouw the chance to explain why she submitted her legal notice late, as required by the Institution of Legal Proceedings against Certain Organs of State Act.

The case stems from a tragic accident on May 29, 2011, in which Rossouw's husband, Marthinus Lucas Rossouw, died in the crash after losing control of his vehicle while travelling on one of the Free State roads. In her claim, Rossouw alleged that the cause of the collision was the “poor, uneven state of the road”, in particular, the presence of potholes and the absence of any warning signs for road users.