23 February 2006
Western Cape Education MEC Cameron Dugmore today expressed concern after
studying a report on the bus accident near Malmesbury in which two primary
school learners died about two weeks ago. He is now awaiting further legal
advice.
The bus, transporting 54 learners from the Anne Pienaar Memorial Primary
School to their homes, overturned about 12km from the school, injuring a
further 15 learners and the driver.
The learners were submitted to hospital, but have all since been discharged.
Officials from the Western Cape Education Department's (WCED) district office
in Paarl are continuing to provide support to the school and parents.
According to an official report handed to the MEC, the driver indicated that
the brakes had failed. As the bus was running down a steep slope, he "tried to
apply brakes, to no avail".
According to the driver, he "tried to reduce speed by lowering the gears,
but this did not help. As a last resort, he drove into the sand on the side of
the road in an effort to reduce speed," says the report. The bus then
overturned.
The owner of the bus, which was involved in the accident, was allocated the
contract via a state tender process. The route was allocated to Capeways
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.
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.
According to the report, there are contradictory claims between the school
and the contractor over whether such permission was sought and granted.
Although affidavits in this regard were submitted by the school, the WCED is
still awaiting an affidavit from the contractor concerned.
The bus, which is currently transporting the learners on a daily basis, is
the bus that was part of the original contract agreement and is roadworthy. The
contractor has produced a roadworthy certificate of the bus that overturned.
However, the Department is awaiting information on the insurance detail. MEC
Dugmore has asked that all outstanding documentation be collected by no later
then the end of this month.
The WCED will, within the next month, discuss the report with the parents of
all the learners involved in the accident and advise and assist them with
procedures to be followed for claims to be submitted to the Road Accident Fund
(RAF).
In addition, the WCED has requested the AA Test and Drive to conduct a
further investigation, to ascertain:
1. to what extent the mechanical condition of the bus contributed to the
accident, with particular reference to the braking system of the bus;
2. if the contractor failed to maintain the bus so that it is roadworthy;
3. if there was any negligence on the part of the driver;
4. if the gradient of the slope and/or condition of the road have contributed
to the accident; and
5. whether the vehicle had the relevant legal documentation to confirm its
roadworthiness.
However, it is envisaged that the finalisation of this report will be
hampered because the South African Police Service (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.
The Department is also considering the cost implications for an alternative
route to cut out the steep hill on which the bus currently travels and will
advise the MEC soon.
Said MEC Dugmore: "I am deeply concerned about the information from the
report.
"I have requested the Legal Department to advise as to whether this amounts
to a breach of contract. But they can only do so once the contractor has
produced all the outstanding documentation. "I will not hesitate to terminate
the contract if legal opinion confirms that there was indeed of breach of
contract."
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
23 February 2006
