Roman’s Transport CC v Zihlwele and Another

The respondents were passengers on a bus owned by Roman’s Transport CC and driven by its employee. While travelling at approximately 95 km/h on a straight road between Beaufort West and Aberdeen, the bus suffered a sudden and unforeseen blowout of its right front tyre. The bus veered to the right, became difficult to control, left the roadway and collided with a rock-cutting, overturning and causing personal injuries to the respondents. The respondents sued the appellant for damages, alleging negligence on the part of the driver, specifically that he failed to apply the brakes timeously or adequately after the blowout. The appellant denied negligence, contending that the collision was caused by a sudden emergency created by the tyre blowout and that immediate braking would have resulted in loss of control.

The appeal succeeded with costs. The order of the Eastern Cape Local Division was set aside and substituted with an order dismissing the plaintiffs’ claims with costs.

The case is significant for reaffirming South African principles on negligence in sudden emergency situations, emphasising that drivers are not to be judged with hindsight when confronted with unexpected danger. It also clarifies the proper approach to evaluating conflicting expert evidence and underscores that expert opinions must be assessed in light of their factual foundation and practical realities.