The Makhado Municipality will have to pay a claim of more than R4 000 to a local resident who was injured by an obstruction on a pavement along the town’s main street.

The local Small Claims Court earlier this month instructed the Makhado Municipality to pay a claim of R4 650 plus costs to Ms Erna H Botes.

The assistant town secretary, Mr Christopher Kharidzo, who appeared in the place of the Municipal Manager as representative of the Makhado Municipality, was instructed to pay Ms Botes’s medical expenses, which she incurred after she tripped over a tree root and a broken pavement tile. She fell down on her face and seriously damaged her teeth.

The incident occurred about midday on April 5 on the pavement along Krogh Street, between Da Silva’s Pharmacy and Rio Food Zone. Ms Botes parked her vehicle in a parking bay and got out onto the pavement. Partially blinded by the midday sun, she could not see the bulging tree root and the protruding broken pavement tile. She tripped and fell.

According to a medical report, her teeth were damaged beyond repair in the accident. She had to have dentures made.

Ms. Botes claimed that the medical expenses resulting from the accident were not covered by her medical aid scheme.

On November 17, the Small Claims Court, presided over by Commissioner P Mijburgh, granted the claim and instructed the municipality to pay the expenses.

During the court proceedings it came to light that several people have been hurt at the same spot in the past. However, none of them seemed to realise that they had recourse to the court.

Mr Kharidzo said he was not aware of the obstruction.

The team manager at the local Small Claims Court, Ms Magret Hanekom, when questioned about the case, said there seemed to be a generally widespread ignorance about people’s rights and access to the Small Claims Court. This court can deal with claims up to R7 000 and convenes regularly once a month, after office hours. Local attorneys act as commissioners in these cases.

Any member of the public who is in need of instituting such a civil claim, can contact Ms Hanekom or the Clerk of the Civil Court, Mr Immanuel Phosiwa, at the local Magistrate’s Court building. They will advise claimants on the proceedings and assist them in issuing summons.