The Tribune received information as to when motorists may claim for damages to a vehicle, due to a pothole.  After further investigation was done the following interesting facts emerged:
According to a local attorney, it is legal for any road user to lay charges for the damage of vehicles, injuries or the loss of a future income.  Motorists whose vehicles have been damaged due to potholes in Mpumalanga, have been urged to claim for damages from the Provincial Public Works, Roads and Transport Department.  The Department’s spokesperson, David Nkambule, advises affected motorists to contact the department’s regional offices to lodge their claims.  The Department of Roads and Transport’s contact details for the Mpumalanga area is 013 766 6554, fax 013 766 8449 or www.mpumalanga.gov.za.    
The department’s legal team would have to first establish the validity of the claims, before any payment is made. The national government has announced a R 22billion budget, over the next three years on a countrywide pothole repair programme that is expected to create 70 000 jobs in its first year.  Although the department has not made the total of the budget used for the public claims, they have announced that the budget would also be used in repairing potholes to avoid further damage to vehicles.  These claimants can claim millions from the department, especially farmers who can’t transport their products, due to the fact that the roads are inaccessible.  It is also very important that motorists take note in which area the incident took place, as a claim can be lodged with either National, Provincial or Municipal Departments.  The claims must be reported to either the executive head of national roads, the provincial head of the department of roads or to the municipal manager of the municipality in that area.  It is also necessary for any motorist who wants to lay charges, to also report the incident to the nearest police station.  Motorist should also keep the case number, as well as photos of the road, or contact information of any eye witnesses.  This information could only make your own case stronger in the future.  There is also no rule of law for any motorist to complete any claim form from the Provincial Road Department.  The best thing to do in a situation like this, is to consult your attorney for the best advice.  MS