A recent court ruling has found the South African National Roads Agency (Sanral) and two contractors, Kayad Consulting Engineering and MD Civils, jointly liable for the damages suffered by a motorist who aquaplaned on the N1 near the Okavango interchange in the Western Cape. The incident occurred when Anton Hesse’s vehicle hit a substantial pool of accumulated water on the road, causing it to rotate and collide with wooden poles and vegetation on the median.
According to Hesse, Sanral and its contractors had a legal duty to maintain the national road and prevent dangerous water from accumulating. He argued that they failed to remove the edge build-up that blocked the drainage, leading to the accident. A civil engineer called by Hesse explained that the accumulation of vegetation and soil along the median edge created an ‘edge build-up’ that impeded the natural drainage of water off the road.
Sanral’s Liability
The court found that Sanral could not escape liability by appointing contractors, as it still had a duty to monitor the work being done. The contracts manager for MD Civils confirmed that the company held the routine maintenance contract for this section of the N1 and conceded that edge build-up is capable of obstructing drainage and poses a danger to motorists. Sanral admitted it was legally responsible for the road but denied any wrongdoing, arguing that maintenance duties were afforded to the two contracting companies.
Implications of the Ruling
The ruling has significant implications for road maintenance in South Africa. As the South African National Roads Agency is responsible for maintaining the country’s national roads, it must ensure that its contractors are held to the highest standards. The ruling also highlights the importance of regular maintenance and inspections to prevent accidents like the one experienced by Hesse.
Some of the key factors that contributed to the accident include:
- Failure to remove edge build-up that blocked drainage
- Inadequate maintenance of the road
- Lack of monitoring by Sanral
The court’s decision is a victory for Hesse, who suffered physical injuries as a result of the accident. It also serves as a reminder to Sanral and its contractors of their responsibility to maintain the country’s roads and ensure the safety of motorists.
