The South Gauteng High Court in Johannesburg has ordered the City of Ekurhuleni to pay over half a million rand in damages to the family of Marius Christiaan Botes, who was injured and later died after hitting a pothole with his motorbike in Kempton Park in July 2010.
In August 2011, he issued the municipality with summons claiming over R1.3 million in damages.
However, in February 2012, he passed away and was replaced by the executor of his estate.
In the summons, Botes argued that the municipality had a duty to maintain public roads properly. He claimed that the incident was a direct result of the municipalitys breach of this duty and negligence.
In its defence, the municipality disputed the existence of a pothole at the time of the accident. It stated that it had no knowledge of the date of the accident or particulars of the vehicle Botes was driving.
