KwaZulu-Natal MEC for Transport, Community Safety and Liaison Mr Willies Mchunu would like to congratulate the department and the legal team on winning the appeal court case between the department and the Eastmans and others, after suing the department for R30 million for the damages after the accident occurred on Sani Pass in March 2005.
Reports reveal that the couple from Australia had visited South Africa for the wedding when the accident occurred. The couple and the driver were returning from a visit to the top of the Sani Pass (overlooking the Lesotho border) travelling towards Himeville.
The vehicle they occupied left the gravel road and landed in a donga. The accident rendered Mr Eastman a paraplegic and both Mrs Eastman’s arms were broken. Mr Robert Mitchell, a retired professor, who was the driver of the vehicle, is also an Australian.
Subsequent to the lodge, the plaintiff had claimed that the roads were not properly maintained and the warning signs to motorists reflecting inherently dangerous road conditions were not displayed adequately. After the High court hearing the outcome was the department was liable for 70% of the damages and the owner of the vehicle liable for 30% of the damages. The case was then appealed on the 14 July 2009 and leave to appeal was granted and the matter heard in the Bloemfontein Supreme Court of Appeal on the 2 March 2011.
The outcome of the appeal favored the department therefore implicating that liability for damages suffered by the applicants in the matter, costs for the appeal including counsel’s fees and expert witness will be borne by the applicants.
Source: KwaZulu-Natal Transport
