While dire weather conditions and heavy snow caused mayhem on South African roads, especially in KwaZulu-Natal, the chaos over the weekend resulted in a late night urgent application being heard in the Gauteng High Court, Johannesburg.
Law firm Zehir Omar Attorneys asked the court, around 10pm on Saturday, for an urgent order forcing the government, including the Minister of Co-operative Governance and Traditional Affairs and the departments of Defence and Police, to assist those who were stranded on the roads.
They asked that government be ordered to provide all necessary emergency disaster relief, to the applicants, Mohamed Goolam, his wife Ayesha Omar and their two small children, who were stuck along the N3 freeway between Estcourt and Harrismith.
They also asked that others in the same position be assisted.
But the court on Saturday night was not satisfied whether the Office of the State Attorney, which has to represent the government departments, was sufficiently informed about the application.
The court stood the matter down to yesterday early morning and instructed the applicants’ attorney, Yasmin Omar, to ensure that proper service was issued to the State Attorney.
Omar told Independent Media that they did attempt to serve the State Attorney, but as it was in the early hours of the morning, no one was there. However, they did leave the notice at the office.
But, Omar said, the State Attorney was well aware of the application as she did speak to them during the night and in the early hours of the morning about it.
However, the court was still not happy about the service of the matter to the State and struck the matter from the roll on Sunday morning.
The applicants asked for emergency and disaster relief services to the stranded motorists by providing food, water, ablution facilities, medical aid, blankets, fuel and such other emergency relief that may be necessary.
Ebrahim Omar, an attorney, said in court papers that the applicants were travelling from KZN to Johannesburg, after attending a wedding.
En route to Johannesburg, they were trapped in traffic arising from the massive traffic jam due to vehicles becoming stuck in the snow.
At the time of the application (Saturday night) they were stuck in traffic, in plummeting temperatures with their two children aged 6 and 2. “The overnight temperatures on the road are expected to be -4°C. It is currently snowing heavily,” Omar told the court.
He said the applicants and their children had last eaten about 26 hours ago. He pointed out that as the court was hearing this application, they were currently still in their vehicle without warm clothing, sufficient to protect them from the bitter cold.
“The applicants and their children are forced to relieve themselves in the piling snow. They are cold, hungry and desperate,” Omar told the court shortly before midnight on Saturday.
He also expressed his concern about those sick patients who were not able to access adequate health care.
“The motorists have lost contact with their families and the outside world, as their phones are dead and the network has failed ... They and other motorists are keeping their vehicles’ engines running to keep warm. They cannot keep their vehicles running continuously due to fumes and methane poisoning. Therefore they are exposed to cold for long periods of time,” Omar said in his passionate plea to the court.
He added that the police had stopped the public from access to the trapped motorists.
“The applicants and affected motorists have a right not to be subjected to cruel, inhumane and degrading treatment in terms of the Bill of Rights… The children have a right to a safe environment,” Omar said.
According to him, the government ought to have timeously closed the freeway or taken appropriate steps to safeguard the public. He said the government had been cautioned by the UN in the past to address climate change.
While the roads opened yesterday, with the authorities assisting those who were trapped, the applicants meanwhile made it safely home.
Pretoria News
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