WESTERN CAPE EDUCATION MEC Cameron Dugmore today expressed concern after studying a report on the bus accident near Malmesbury in which two primary school learners died about two weeks ago. He is now awaiting further legal advise.

The bus, transporting 54 learners from the Anne Pienaar Memorial Primary School to their homes, overturned about 12km from the school, injuring a further 15 learners and the driver.

The learners were submitted to hospital, but have all since been discharged. Officials from the Western Cape Education Department’s (WCED) district office in Paarl are continuing to provide support to the school and parents.

According to an official report handed to the MEC, the driver indicated that the brakes had failed. As the bus was running down a steep slope, he "tried to apply brakes, to no avail".

According to the driver, he "tried to reduce speed by lowering the gears, but this did not help. As a last resort, he drove into the sand on the side of the road in an effort to reduce speed," says the report. The bus then overturned.

The owner of the bus that was involved in the accident, was allocated the contract via a state tender process. The route was allocated to Capeways Transport Limited, owned by Mr MS Benjamin, in January 2005.

The bus that was approved in terms of this tender, has the registration number CXR 478 EC. However, the bus involved in the accident had the registration number DJP 826 CC.

In terms of the contract, an operator may switch vehicles if he has the permission of the school principal, and if the contractor produces a roadworthy certificate for the alternative bus.

According to the report, there are contradictory claims between the school and the contractor over whether such permission was sought and granted. Although affidavits in this regard were submitted by the school, the WCED is still awaiting an affidavit from the contractor concerned.

The bus that is currently transporting the learners on a daily basis, is the bus that was part of the original contract agreement, and is roadworthy.

The contractor has produced a roadworthy certificate of the bus that overturned. However, the department is awaiting information on the insurance detail. MEC Dugmore has asked that all outstanding documentation be collected by no later then the end of this month.

The WCED will, within the next month, discuss the report with the parents of all the learners involved in the accident, and advise and assist them with procedures to be followed for claims to be submitted to the Road Accident Fund.

In addition, the WCED has requested the AA Test and Drive to conduct a further investigation, to ascertain:

1. to what extent the mechanical condition of the bus contributed to the accident, with particular reference to the braking system of the bus;

2. if the contractor failed to maintain the bus so that it is roadworthy;

3. if there was any negligence on the part of the driver;

4. if the gradient of the slope and/or condition of the road have contributed to the accident; and

5. whether the vehicle had the relevant legal documentation to confirm its roadworthiness.

However, it is envisaged that the finalization of this report will be hampered because the SA Police Services has impounded the vehicle for their own criminal investigation preceding the inquest into the death of the two learners, and also because of charges that may emanate from this.

The department is also considering the cost implications for an alternative route to cut out the steep hill on which the bus currently travels, and will advise the MEC soon.

Said MEC Dugmore: "I am deeply concerned about the information from the report.

"I have requested the Legal Department to advise as to whether this amounts to a breach of contract. But they can only do so once the contractor has produced all the outstanding documentation.

"I will not hesitate to terminate the contract if legal opinion confirms that there was indeed of breach of contract."

For enquiries, contact Gert Witbooi: 082 550 3938, or gwitbooi@pgwc.gov.za.