Attorney weighs in on City legal obligations after R21 bus crash

Following the bus crash on the R21, attorney Jared Jones of Jared Jones Attorneys gave legal insights into the obligations of the CoE, the rights of victims and the complexities of seeking compensation in such cases.

What legal obligations does the CoE have towards the victims and their families?

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In cases of personal injury or loss of support, claims must be directed to the Road Accident Fund (RAF) under the Road Accident Fund Act of 2008 (as amended).

The municipality is not directly liable for compensation under the current legal framework.

How does liability work in a bus accident involving a government-owned vehicle?

There are generally no unique legal complexities. However, if negligence by the municipality, such as failure to maintain the bus, can be proven as the cause of the accident, such as a mechanical failure like brake failure, a case under delictual liability might arise.

What legal challenges do families face when pursuing compensation?

A major challenge is the time it takes to resolve claims.

Settlements or trial proceedings can take up to six years, with the next available trial dates in Johannesburg and Pretoria High Courts only in 2030 or 2031.

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The RAF also faces backlogs, liquidity issues and delays in processing claims within the 180-day policy period.

If the driver has a history of reckless driving, what legal action could be taken?

• Criminal liability: The driver may face reckless or negligent driving charges. Additional charges could be brought under Section 90 of the National Land Transport Act of 2009 (as amended).
• Civil liability: Personal injury claims related to motor vehicle accidents must go to the RAF, not the driver or municipality.

What is the process for claiming damages, and how long does it take?

• Claims must be lodged within three years for identified cases and two years for hit-and-run cases.
• A Serious Injury Assessment Form (RAF4) and supporting documents must be submitted to the RAF.
• Once lodged, claimants have two years to serve summons.
• The entire process can take up to six years or longer.

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For further details, the RAF provides claim guidelines at www.raf.co.za

Have municipalities been held accountable for fatal accidents?

While personal injury claims were made against municipalities, these typically involve poorly maintained public infrastructure (like pavements).

Under SA’s no-fault motor vehicle insurance system, claims must be filed with the RAF, preventing direct compensation claims against municipalities.

How does insurance work in large accidents like this one?

Claims follow the same RAF process outlined above. The RAF assesses each case and proposes settlements or instructs attorneys to defend claims in court.

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What legal steps can ensure accountability for the driver, transport company or municipality?
• Legislative reforms to allow direct claims against municipalities and state-owned entities;
• Public pressure through petitions and advocacy for stricter municipal liability measures;
• Criminal prosecution of reckless drivers, with greater scrutiny on hiring and training standards;
• Independent audits on driver performance and vehicle maintenance within public transport systems.

What legal reforms are needed to reduce public transport-related accidents?

Jones emphasised the need for decisive reforms to strengthen accountability in public institutions. He advocates for improved oversight in driver hiring, stricter road safety enforcement and enhanced public transport regulation.

Should bus operator certification and driver conduct laws be reviewed?

Yes. The National Land Transport Act of 2009 and municipal employment policies govern bus driver qualifications.

Key improvements should include:
• comprehensive background checks before hiring drivers;
• mandatory onboard cameras and speed monitoring systems in public transport vehicles;
• frequent performance reviews to assess driver competency and compliance.
Jones said that incidents like this should be rare and not routine.
“The public must not become desensitised to these tragedies. Meaningful legal reforms are essential to ensure institutions uphold their duty of care,” he said.