Malmesbury Bus Accident - Contract Suspended

Western Cape Education MEC Cameron Dugmore has today called for the "immediate suspension" of the transport contract of the company whose bus was involved in an accident near Malmesbury last month, in which two primary school learners died.

A Grade 2 learner Michaela van Rooyen (7) and grade 5 learner Heather van Wyk (13) died when a 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.

In a memorandum to Mr Ron Swartz, the Head of Department of the Western Cape Education Department (WCED), MEC Dugmore said:

"After careful consideration of the accident report presented to me by the department as well as the latest information concerning the fact that the principal of the school has not approved the use of the vehicle currently being used on the route, I call on you to immediately take steps to suspend the contract with Capeways and put in place alternative arrangements until the matter has been finalised."

"We cannot tolerate a situation where our learners are exposed to risks. My concern is that if the WCED does not immediately suspend the contract, another accident may occur. It is clear from a reading of the contract that neither the school or anyone else representing the WCED has authorised the utilization of alternative transport."

MEC Dugmore said he was concerned with the fact that the bus company is again using a different bus then the one authorised in the contract. 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. The WCED has requested the contractor to revert back to the approved bus.

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.

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

In addition, the WCED is awaiting certain outstanding reports from the AA Test and Drive. This is due to the fact that 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.

Said MEC Dugmore: "I want to send out a strong and clear message, that the government deems the safety of children of paramount importance."

"I will not hesitate to act against any other contractor in the event of breach of contract, and especially if children's lives are at stake."

For enquiries,

Gert Witbooi
Media Liaison Officer
Office of the MEC for Education
Western Cape
Tel: 021 467 2523
Fax: 021 425 5689
Email: gwitbooi@pgwc.gov.za
Visit our website: http://wced.wcape.gov.za