THE parents of Thato Motloung, who is now disabled, feel that the law has failed them after the truck driver who drove over their daughter was allowed to walk free while their 8-year-old girl will never have a normal life like her peers.
The family said the trucker did not face the full might of the law following his alleged negligence and reckless driving in Palm Springs Secure Village, in November 2019, when Thato was driven over by a construction truck from Kunene Ceilings, a sub-contractor for the Cosmopolitan housing project in the secure village.
Thato’s mother, Nthabiseng Motloung, 31, said the day of her daughter’s accident would remain remain with them, and that it changed their lives dramatically.
“She didn’t go to school on that day and her young sister went to the creche. When the school transport arrived to drop her sibling, she ran to fetch her.
“I was behind them when a truck came and bumped them,” she said.
The mother of two girls said the truck had a trailer behind, which was loaded with construction equipment.
“Because of the speed the truck was driving at, it managed to stop only at the third house from where it bumped my children. Her (Thato) legs were broken and her sister had minor injuries because she managed to push her away.
“I took her to Levai Community Health Centre Clinic where she was referred to Sebokeng Hospital. In Sebokeng they found out that she was badly injured and they transferred her to Chris Hani Baragwanath Hospital where she received an artificial leg as the one was amputated,” she said.
Overcome by emotions, Motloung described how difficult Thato’s accident had been on her family.
“All the normal schools around have rejected her, saying they don’t have enough facilities for her. Today, my child is attending Hope School in Johannesburg, where I am expected to pay R12 000 and R13 000 for residence.
“I gave birth to a normal baby and I have never thought that one day she would grow up disabled due to negligence. It is painful because she would tell me that she can’t jump when playing with other kids. She asked questions that we have no answers for. She will never be able to walk and play freely again,” said Motloung.
Motloung said although a case of reckless driving and negligence was opened, the perpetrator was out there enjoying his life.
“It is painful to see the man who nearly killed my daughter walk freely without serving a sentence for what he has done. The police took our statement and those of the witnesses and later in 2020 they said that the case had been dropped because there was not enough evidence.
“And again, all we wanted for the culprit was support and remorse. He did not show remorse for what he has done and he is still living as if nothing happened. He never went to see her in hospital and even at home after she was released,” she said.
Petros Kunene, the owner of Kunene Ceilings, who is also the driver who drove over Thato, had his phone off when we tried to contact him for comment. The newspaper also dropped him messages which he didn’t respond to.
Cosmopolitan Projects head of legal and procurement, Johan van Staden said the company was aware of the terrible accident, but cannot be held liable for negligence of contractors and subcontractors.
“We record that the driver of the vehicle involved in the accident was not, and has never been, an employee of Cosmopolitan Projects,” said Van Staden.
“The accident was, therefore, not caused due to any negligence on the part of Cosmopolitan Projects and/or on the part of any of Cosmopolitan Projects’ employees. Cosmopolitan Projects cannot be held liable for the acts and/or negligence of a contractor, sub-contractor or any servant of a contractor or sub-contractor. Therefore, Cosmopolitan Projects vehemently denies liability for the accident,” said Van Staden.
Evaton police spokesperson Constable Thulisile Msibi confirmed that a case of reckless driving and negligence was opened, but the driver was not arrested because it was not a drinking and driving case.
“In cases of reckless driving and negligence the court is the one that advises if the driver must be arrested. The case was closed at the court and the investigation was done by the investigating officer,” she said.
Gauteng police spokesperson Mavela Masondo also added: “The matter was before the court and they would have ordered us if they wanted more information.The decision was made by the court not to go ahead with the case,” he said.
Institute for Security Studies (ISS) head of justice and violence prevention Gareth Newham said if people are not happy with how their cases were handled, they should contact the station commissioner or the head of detectives to find out what were the issues.
“Particularly if it has been rejected by the prosecuting authority. Because they receive dockets and they look at what evidence is available and make a decision,” he said.
Sunday Independent