Western Cape department loses appeal over pothole crash that cost motorcyclist his leg

The Western Cape Department of Infrastructure has lost its appeal after a ruling held it accountable for injuries sustained by motorcyclist Christian Jacobus van Staden, who lost his leg after hitting a pothole. Van Staden's legal battle began in 2012 when he collided with a pothole measuring approximately 600mm by 500mm on the MR347 road near George.

The impact resulted in severe injuries to his leg, eventually leading to amputation. Van Staden sued the Western Cape government, arguing that the department was responsible for the road's condition. However, the Western Cape High Court ruled in favor of the department, finding it negligent for its failure to maintain the public road under its control.

The court determined that the pothole had been present for several weeks and posed a significant danger that was difficult to identify. The department was dissatisfied with the judgment and sought permission to appeal to the Supreme Court of Appeal (SCA). The high court dismissed the department's application, stating that it was an attempt to secure a "second bite at the cherry" and that the department was not entitled to a rehearing.

The judge emphasized that the evidence proved the pothole had been hazardous for an extended period, and the department had not met the legal threshold to appeal the ruling.