A third-party probe commissioned by Infinite Fleet Transport has cleared the company and its driver of wrongdoing in the Boksburg tanker tragedy on Christmas Eve, but legal experts say civil claims and criminal prosecution are still likely.
“I would stake my reputation on it that there will be a massive civil action coming,” legal expert Llewelyn Gray Curlewis told the Sunday Times. “A lot of people lost loved ones. They must be compensated for loss, pain and suffering and so forth.”
Police are still investigating the accident, in which a liquefied petroleum gas tanker operated by Infinite Fleet Transport exploded after getting stuck under a railway bridge. The driver apparently took a wrong turn while trying to get onto the N17 highway. The death toll now stands at 37.
Police spokesperson Brig Brenda Muridili said: “The SAPS will only comment further on this incident when investigations have been concluded.”
Gauteng police arrested the driver shortly after the accident on charges of culpable homicide but released him days later, saying their investigation was still under way.
Curlewis said the fast arrest and subsequent quick withdrawal of charges pending further investigations were “smart moves” by the state.
“The quick arrest showed the community they are [treating] a very serious matter in the serious light it deserves.”
He said there was no need for the state to act hastily.
“There is at least a year-long investigation that must be done. All kinds of expert reports and other investigations must be done. This includes pathology work, and with 37 deaths this will be a huge task.
“But there are many options. The first respondent will probably be the truck driver, then the company that owns the truck, the company that owns the gas, and there might also be further respondents added. It all depends on what protocols were followed,” said Curlewis, a former president of the Law Society of the Northern Provinces.
“The state has 20 years to prosecute manslaughter but in the civil matter the victims’ families only have three years.”
I would stake my reputation on it that there will be a massive civil action coming
— Llewelyn Gray Curlewis
This week Richard Spoor, an attorney specialising in class action suits, said on Twitter that “mistakenly” taking a wrong turn “and then driving under a low bridge while carrying dangerous cargo is negligent”.
“The employer is vicariously liable for the negligent acts of its employee, done in the course and scope of their employment.”
Spoor said Infinite Fleet Transport “can and should be held accountable for this, there is no question about it”.
“Our remedies lie in civil law … Civil liability exists, and the company is civilly liable for the harm that it’s done,” he said.
Infinite Fleet Transport hired the Johannesburg consultancy Transheq, which describes itself as having expertise in “legal and safety compliance auditing of road transport operations … including the transportation of dangerous goods”, to investigate the tragedy.
Transheq director Richard Durrant said his company’s independent review found “no safety-critical noncompliance was identified” and Infinite Fleet Transport and its driver had complied “with legal and best-practice requirements”.
In his single-page report, Durrant said he had reviewed the vehicle tracking and trip reports, journey plans, route risk assessment and WhatsApp communications between the company and the driver, among others.
Durrant declined to answer questions from the Sunday Times this week, but told eNCA earlier that he had not been on site and had relied exclusively on documentation provided by the tanker company.
Of the 37 people who died, 12 were health-care workers stationed at Tambo Memorial Hospital, which is adjacent to the blast site.
Gauteng premier Panyaza Lesufi has said the province is considering establishing a commission of inquiry.
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