24 March 2006
Western Cape Education MEC Cameron Dugmore has today called for the
"immediate suspension" of the transport contract of the company whose bus was
involved in an accident near Malmesbury last month, in which two primary school
learners died.
A grade two learner Michaela van Rooyen (7) and grade five learner, Heather
van Wyk (13), died when a bus transporting 54 learners from the Anne Pienaar
Memorial Primary School to their homes overturned about 12 kilometres from the
school injuring a further 15 learners and the driver.
In a memorandum to Mr Ron Swartz, the Head of Department of the Western Cape
Education Department (WCED), MEC Dugmore said:
"After careful consideration of the accident report presented to me by the
Department as well as the latest information concerning the fact that the
principal of the school has not approved the use of the vehicle currently being
used on the route, I call on you to immediately take steps to suspend the
contract with Cape ways and put in place alternative arrangements until the
matter has been finalised.
"We cannot tolerate a situation where our learners are exposed to risks. My
concern is that if the WCED does not immediately suspend the contract another
accident may occur. It is clear from a reading of the contract that neither the
school nor anyone else representing the WCED has authorised the utilisation of
alternative transport."
MEC Dugmore said he was concerned with the fact that the bus company is
again using a different bus then the one authorised in the contract. The owner
of the bus that was involved in the accident was allocated the contract via a
State tender process. The route was allocated to Cape ways transport limited
owned by Mr MS Benjamin, in January 2005.
The bus that was approved in terms of this tender has the registration
number CXR 478 EC. However, the bus involved in the accident had the
registration number DJP 826 CC. The WCED has requested the contractor to revert
back to the approved bus.
In terms of the contract an operator may switch vehicles if he has the
permission of the school principal and if the contractor produces a roadworthy
certificate for the alternative bus.
The WCED has in the meantime discussed the report with the parents of all
the learners involved in the accident and will advise and assist them with
procedures to be followed for claims to be submitted to the road accident
fund.
In addition, the WCED is awaiting certain outstanding reports from the Auto
Association (AA) test and drive. This is due to the fact that the South African
Police Services (SAPS) has impounded the vehicle for their own criminal
investigation preceding the inquest into the death of the two learners and also
because of charges that may emanate from this.
MEC Dugmore said, "I want to send out a strong and clear message, that the
government deems the safety of children of paramount importance.
"I will not hesitate to act against any other contractor in the event of
breach of contract and especially if children's lives are at stake."
Enquiries:
Gert Witbooi
Cell: 082 550 3938
E-mail: gwitbooi@pgwc.gov.za
Issued by: Office of the MEC for Education, Western Cape Provincial
Government
24 March 2006
