A hospital chef lost her hand in a taxi accident because of government negligence in repairing a pothole, the KwaZulu-Natal High Court in Pietermaritzburg heard on Monday.
While the accident took place in 2004, the pothole was repaired just eight months ago, the court was told by Tugela Ferry motor mechanic Sheshile Thokozani, who towed the minibus taxi to his garage after it overturned on hitting the pothole.
Thokozani was testifying in a case brought by Church of Scotland Hospital chef Hluphile Zuma, who is claiming more than R1m from KwaZulu-Natal MEC for transport, community safety and liaison Willies Mchunu.
The taxi driver Zamani Langa could not avoid the pothole because of oncoming vehicles. The taxi had been travelling between Greytown and Dundee.
Zuma was so badly hurt her arm had to be amputated below the elbow.
Bionic prosthesis
She had since lost her position and income, endured pain and would have to undergo further medical treatment. She hoped for a bionic prosthesis, the court heard.
Thokozani told the court when he arrived at the scene, the minibus was upside down and the left ball-joint between the axle and chassis broken.
He said several other vehicles had been damaged by the pothole, estimating it at 30cm to 35cm deep.
Zuma contends the sole cause of the accident was the negligence of government officials who failed to keep the road safe, did not consider the pothole a hazard, and failed to inspect and repair the road regularly.
The defence denies liability for the accident and damages, alleging that the maintenance of the provincial roads was done within a limited budget.
It claims the sole cause of the accident was negligent driving.
The case continues on Tuesday.
– SAPA
