Van der Linde v The Road Accident Fund

• Jurisdiction: South Africa
• Judge: Liebenberg J
• Judgment Date: 30 May 2008
• Docket Number: 3465/04
• Hearing Date: 21 May 2008
• Court: South Eastern Cape Local Division

Liebenberg J:

[1] The plaintiff instituted action in her personal capacity and in her representative capacity as mother and natural guardian of her minor daughter, Luschka. The action is one for damages arising from a collision between an Audi sedan motor vehicle driven by the plaintiff and a passenger bus driven by one Mr. Tembani. The collision occurred at some time between 22h00 and 22h30 on the 24th June 2000 at an intersection where the road from Coega and the M17 Roadway (the "M17") enter the Addo road (the intersection)

2008 JDR 0630 p2

Liebenberg J

[2] The following facts are common cause or not in dispute. On the evening in question Mr. Tembani was en route from Motherwell to the bus terminus after he dropped off some bus drivers at their homes in Motherwell. He was travelling in a southerly direction on the Addo road approaching the intersection. The plaintiff and her husband, who sat in the front passenger seat, were travelling on the Coega road in a westerly direction. It was dark and it was misty in the area where the collision occurred. Where the Coega road enters the Addo road on its eastern side, there is a stop sign requiring traffic in the Coega road to stop before entering the Addo road. The M17 enters the Addo road from the West diagonally across from the entrance to the Coega road in such a manner that the traffic lanes of these roads that are running towards the intersection are opposite each other.

[3] It is further common cause that the Addo road in this area is a dangerous road. It is normally a very busy road. Many unroadworthy vehicles and many pedestrians, some of whom are often drunk, are encountered on this road. As it approaches the intersection from Motherwell there were no lights on the side of the road. There are roadside lamps lighting the road commencing on the opposite side of the intersection, but at a distance where they had no effect on the area at the intersection. At the time there were no lights on the M17 having any effect on the intersection. The Coega road was unlit. The surface of the Addo road was not in good condition at the time. On the north eastern corner of the intersection and further to the north thereof on the Addo road there are large sign boards which obstruct the view which a driver, approaching the intersection from the Coega road, will have to the North into the Addo road, almost until the driver has to come to a

2008 JDR 0630 p3

Liebenberg J

stop at the stop line. It is common cause that, at the time of the collision, the area on the north eastern side of the intersection was overgrown with high bushes and other vegetation which had the same effect. Once a vehicle has come to a stop at the stop line the driver has an unobstructed view along the Addo road.

[4] Mr. de Lange, a...