Mphuthi v Maluti-A-Phofung Local Municipality and Others (4143_2018) [2024] ZAFSHC 67 (29 February 2024)

The case involves a lawsuit brought by Samuel Mphuthi against the Maluti-a-Phofung Local Municipality, Thabo Mafutsanyane District Municipality, and the Member of the Executive Council for Police, Roads & Transport in the Free State Province. The incident occurred on 29 August 2015 when Mphuthi, then 40 years old, was driving an Opel Corsa bakkie on a road under the jurisdiction of the Thabo Mafutsanyane District Municipality. Mphuthi alleges negligence on the part of the municipality for failing to maintain the road, ensure road safety, inspect the road condition, and provide adequate signage warning of hazards like potholes and a donga (a type of trench or gully).

During the trial, it was agreed that the merits and quantum of the case should be separated. The judgment focused solely on determining whether the Third Defendant (Thabo Mafutsanyane District Municipality) was negligent. Mphuthi, the Plaintiff, testified that he encountered two large potholes on the road, swerved to avoid them, and ended up in an accident where his vehicle overturned. He argued that the road conditions were unsafe due to the lack of maintenance and warnings.

The Third Defendant's defense included testimony from a senior road superintendent, Mr. Nicolas Moloi, who claimed that the road was in good condition and that routine maintenance had been performed. However, discrepancies were found in the inspection records presented by Mr. Moloi, indicating lapses in road maintenance activities.

The Plaintiff's witnesses, including Mr. Solomon Makhubu and Mr. Boshanka Lelimo, provided evidence supporting Mphuthi's claims of potholes on the road. The court analyzed the credibility of the witnesses, the condition of the road, the actions taken by Mphuthi to avoid the potholes, and the Third Defendant's maintenance practices.

Ultimately, the court found both parties negligent, attributing 20% of the negligence to the Plaintiff and 80% to the Third Defendant.

The core legal principle underlying the decision in this case is that both parties, the Plaintiff and the Third Defendant (Thabo Mafutsanyane District Municipality), were found to be negligent in causing the accident. The court attributed 20% of the negligence to the Plaintiff and 80% to the Third Defendant. The decision stresses that while drivers have a duty to be cautious and vigilant on the roads, municipalities also have a duty of care to maintain roads and ensure road safety. The judgment underscores that negligence should be assessed based on the circumstances of each case, and in this instance, the Third Defendant's failure to adequately maintain the road contributed significantly to the accident.

The court referred to the case of South British Insurance Co, Ltd v Smit, [1962] 3 SA 826 (A), in its reasoning process. This case was cited to support the court's discussion on apportionment of damages and the assessment of fault in relation to the damage caused. The court highlighted the importance of individual judgment in determining the degree of fault and the assessment of causation in cases involving negligence and damages.