Zoutpansberger 23 August 2012

Page 1

(015) 516 1535/6/7 Fax: 516 1786 JVC FRONT LOADER CAR RADIO CD RECEIVER WITH USB • Front USB port (MP3/WMA) • Radio Data System • Dual Aux In • Easy EQ • Brightness CD USB AUX Control

YOU SAVE R300

69999

R

NOW ONLY

Zoutpansberger

(015) 516 1535/6/7 Fax: 516 1786

24 Augustus 2012

www.zoutnet.co.za

PRYS: R4,00 BTW Ing.

Joubertstraat 16B Makhado (Louis Trichardt) TEL: 516 4996/7/8

Well-known police officer found dead at her home - page 3

Six new boreholes to help alleviate town’s water crisis - page 4

Jaargang 28 Vol. 33

GARMIN NUVI 40 POR­ TABLE GPS WITH 4.3” TOUCHSCREEN • Rechargeable lithium-ion battery

YOU SAVE R300

99999

R

NOW ONLY

Commander’s outrage “out of context” says police - page 4

Makhado Municipality must pay woman R300 000 plus other costs after breaking leg in pothole

Council must pay up By Anton van Zyl

The High Court in Pretoria made a settlement agreement an Order of the Court on Tuesday, in terms whereof the Makhado Municipality has to pay a claimant R300 000 plus taxed costs plus the costs of two orthopaedic surgeons, who were called to testify at the insistence of the municipality. The municipality also has to pay its own legal team, all of which could add up to more than R500 000. The claim stems from injuries that Ms Tefu, a former candidate attorney with the State Attorney’s office, sustained whilst jogging with a friend in Cronjé Street in Makhado (Louis Trichardt) in March 2009. Whilst jogging, she and her friend decided to sprint. It was almost dark and the street lights weren’t working. As they started to sprint, a dog barked and Ms Tefu took evasive action to the middle of the road. She stepped into a pothole that she couldn’t see and fell down, breaking her leg just below the knee. She was treated by an orthopaedic surgeon of Polokwane and spent six weeks with her leg in plaster, plus a further two weeks in a brace. The local municipality denied all liability, arguing that the incident had never taken place, that there had been no pothole and that Ms Tefu had not broken her leg. They went so far as to state that they did not even have the duty to maintain the streets. According to Ms Tefu’s attorney, Dr Suwil Rudolph from Van Heerden & Rudolph attorneys, the municipality was invited on several occasions to discuss and settle the claim. The municipality, through its lawyers, refused point blank. Ms Tefu was sent to Dr Prins (another orthopaedic surgeon) for a medical legal report. The medical reports were

disclosed to the municipality, as well as summaries of the expert evidence to be led. The municipality failed to respond to any of the reports or to insist on the examination of Ms Tefu by their own medical experts. This being the case, Dr Rudolph addressed two letters to the municipal­ ity’s legal representatives, inviting them to admit the medical reports in order not to call the experts to court and, in so doing, to save thousands of rands in costs. Despite the invitation and not producing its own medical report(s) to contradict that of the plaintiff, the municipality insisted that the experts be called. Dr Rudolph reluctantly had to subpoena both doctors to court, at high cost. On the day of hearing, counsel for the plaintiff Adv J K Wessels indicated that he was ready to proceed with trial as all his witnesses were pres­ ent. Counsel for the municipality also indicated his readiness and the case was allocated to Judge Cyn­ thia Pretorius for hearing. Just after the counsellors had introduced themselves to the judge, counsel for the municipality indicated that he wanted to discuss a settlement. This came as a surprise at that late stage, in view of the municipality’s refusal to settle earlier in the process and its insistence that the plaintiff’s experts be present in court. “In so doing, the municipality did nothing other than to waste thousands of rands of the taxpayers’ money. Had the matter been settled earlier, most of the legal and medical costs could have been saved,” said Dr Rudolph. The municipality now has until 21 September to pay the capital amount and has to pay the legal costs after taxation. In the meantime, Cronjé Street is still riddled with potholes, not to mention other parts of town. Each pothole holds the risk of further claims against the municipality.

2008 Toyota Rav4 VX 4WD

R229 995

This more than one-and-a-half-metre-deep hole was dug by the municipality less than 100 metres away from Louis Trichardt High School in Stubbs Street. For weeks now, it’s been left unattended, with no warning signs anywhere. The newspaper knows of at least one pupil from the school who fell in the hole on his way back from an evening function at the school. Here, a couple of Grade 9 pupils demonstrate how deep the hole is, having to work hard to rescue their friend, Nadine van Wyk. Assisting her are Robert van Zyl (left) and CJ Slade and Keren du Preez (right).

102 President Street Louis Trichardt 0920

41 302km

Balance of 5 year / 90 000km service plan Balance of 3 year / 100 000km warranty

Another injury and claim waiting to happen?

HAMMANN PROPERTIES

Tel: (015) 516 1427 Fax: (015) 516 1160

E-mail: hammannc@vodamail.co.za

SANDRIVIER 445ha. 445ha. met 50ha. lande waarvan 30ha. onder besproeiing is. Woonhuis, store, slag- en koelkamer. Pragtige bosveld. Eienaar hervestig elders.

R3.3 Miljoen

www.ayobmotors.co.za Tel: (015) 516 5175

C

CAREL HAMMANN 082 923 1620


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.