A landmark High Court ruling has established that road authorities can be held accountable for unsafe road conditions.
A landmark High Court judgment has reaffirmed that road authorities can be held fully accountable when unsafe road conditions contribute to serious crashes, after the Western Cape Department of Transport and Public Works was found 100% liable for a motorcycle accident on the R43 near Villiersdorp.
The case stems from a crash on Rooihoogte Pass in October 2010. In a subsequent ruling delivered in July 2026, the court also ordered the department to pay punitive legal costs after it rejected what the court considered a reasonable settlement offer, forcing the injured couple through years of litigation.
Motorcyclist Andries Kruger and his wife, Elaine Blanckenberg, were travelling to a motorcycle rally in Worcester when they crested a hill where the road appeared to continue straight ahead.
Immediately beyond the rise, however, was a concealed sharp right-hand bend. The motorcycle left the roadway after the couple encountered the bend, leaving both riders seriously injured. Kruger was unconscious for three days following the crash.
