Over the past few weeks, I noticed quite a few potholes created by the recent rainfall on Paarl and Wellington roads.
I drove over a few of them, but didn’t suffer any damages. I’m sure I am of the lucky few who walked away unscathed.
I was wondering what the process is to claim damages from the local authority if I incurred any damages, and how a claim against the municipality must be submitted.
Here is the process and the claim form.
The procedure for submitting claims is governed by the provisions of the Institution of Legal Proceedings against certain Organs of State, Act No 40 of 2002. In accordance with the Act, a claim against the municipality must be submitted:
• In writing,
• By hand, by certified mail, by e-mail or by fax, addressed to the City Manager,
• Setting out the facts and circumstances surrounding the claim,
• Including the reasons why the municipality should be held liable as a result of negligence,
• Within six (6) months of the original date of the incident or occurrence.
• Provide the insurance section with two repair quotations or proof of payment.
• Photos of your damages.
• If you have personal insurance , obtain a letter from your personal insurance confirming that you will not be claiming from your personal insurance.
• If you do not have insurance , please obtain an affidavit stating you have no insurance on your vehicle.
• Please keep all damage items for inspection purposes.
• You need to make an appointment with Mr. Trevor Davids at the municipal workshop in order to assess the damages, contact number 021 807 4717
Any enquiries contact 021 807 4897/ 021 807 7798