Louis Louis Roux, a 19-year-old learner mine official, was hitchhiking from Thabazimbi to Tshipise on 11 April 1997. He accepted a ride in a white bakkie/light truck owned by Eskom and driven by Oelofse, a distribution official employed by Eskom. On 12 April 1997 at about 07h00, Roux was found unconscious 15 metres off the road near the shattered remains of the Eskom vehicle, with Oelofse wedged in the cab. Roux suffered severe head injuries and total loss of recall of events. Oelofse denied ever seeing or meeting Roux but also suffered total memory loss. Oelofse had been returning home after a duty call-out but had deviated to attend the Marula Festival at Tom Burke. He was expressly prohibited by his employer from giving lifts to any person without permission. The vehicle was clearly marked as Eskom property. Oelofse negligently fell asleep while driving, lost control, and the vehicle left the road and somersaulted. Roux's father, as curator ad litem, sued Eskom for R2,483,307.30 in damages.