Biker and family man’s death caused by pothole on Ekurhuleni road, high court rules

Marius Botes was a passionate motorcyclist.

Ironically, it was a motorbike accident — caused by a pothole — that ultimately led to his death, his family believe.

This month, 13 years after the 53-year-old grandfather sued the Ekurhuleni municipality, and 12 years after his death, the Johannesburg high court awarded him R750,000 for damages, medical expenses and lost earnings.

In his litigation, Botes argued the municipality had “a legal duty towards all members of the public to attend to the proper upkeep and maintenance of public roads” within the municipality.

The judgment has brought closure to his four children, but his son, Marius jnr, 38, says the family was torn apart by his death.

The autopsy stated he died after entering a diabetic coma. We believe this was due to all the pain meds and the other medicine he had to take since the accident

—  Marius Botes jnr

“My father was the circle around all of us — the one who kept us together. After his death, everything changed,” Marius jnr said this week.

“His family, biking and his work as a tradesman were everything to him. This pothole took biking and his work from him, and then destroyed his family.”

But of the three, motorcycling had a special place in his father’s heart.

“He really lived for bikes and was a long-time member of the Johannesburg Cowboys motorcycle club.”

Botes was driving home on his bike in the rain on the night of July 10 2010 when he hit a pothole 150m away from his house. It was filled with water, and he had thought it was a puddle. He flew over the handlebars and the motorbike “went over” him.

He spent two weeks in hospital, but his condition deteriorated after his discharge. He was taken to a different hospital, where it was discovered he had a broken shoulder and ribs, as well as a ruptured lung. He underwent emergency surgery and remained in hospital for more than a month.

“He was seriously hurt in the fall,” Marius said. “Seven of his ribs were shattered. Only three of them ever healed. His collar bone was broken, and there were many other injuries. Until he died, my father was on very strong pain meds.”

In February 2012, Marius’ phone rang.

“My sister said she was worried about my dad. Something was wrong with him. I tried speaking to him on the phone, but I couldn't understand what he was saying. He was sort of mumbling. I called an ambulance and rushed over.”

Marius was with his dad on his ride to hospital.

“My last conversation with my father, while he was half-conscious, was about bikes. He said, ‘If you ever buy a motorbike, I will never forgive you.’

His father died the next morning in hospital.

“Until today, even though I itched to buy a bike several times, I haven’t done it, and I never will. I owe that to my dad.

“The autopsy stated he died after entering a diabetic coma. We believe this was due to all the pain meds and the other medicine he had to take since the accident,” Botes said.

“My dad was the heart of our family. He was the centre of our existence, and after his death we all just burst apart. In our own way, we are still dealing with his death,” Marius said.

Botes snr worked as a turner. “Being a turner was the cornerstone of my dad’s life. One of his proudest moments ever was in 2005, when I started my apprenticeship under him. He lived for his job. I had the privilege of working under my dad until 2012. It was so satisfying working with him and seeing him solve any problem on the run.”

The accident stole that relationship from them.

“My father never got to taste the fruits of his successful court battle, but we are proud of him and his victory. This judgment at least brings us as a family some degree of closure. We will now see this chapter as closed,” Marius said.

In her ruling, judge Leonie Windell ordered Ekurhuleni municipality to compensate Botes’ estate with R600,000 for general damages and R151,035.71 for past medical and hospital expenses.

She said numerous substantial potholes were observed near the site of the accident, as evidenced by accompanying photographs. The potholes had been present for an extended period before the accident.

On Friday, Ekurhuleni spokesperson Zweli Dlamini said, “The city will study the judgment and determine the way forward.”