Golden Arrow bus crash victims left in limbo

Genevieve Serra

Eighteen months after a Golden  Arrow bus crash on Jakes Gerwel drive left three people dead and 21 injured, victims say that they have been left to fend for themselves struggling with permanent injuries, debt and trauma.

They claim to have been left in the dark about the outcome of the driver’s disciplinary hearing and have not been given access to the mechanical report of the bus. Many say their Road Accident fund (RAF) claims have either not been processed or processed with errors on their documents, and they are unable to afford legal representation to fight for compensation. Golden Arrow has since hit back saying that their bus was road worthy with a valid certificate. The company said its internal disciplinary process has been completed but findings would not be made public.

The RAF has since indicated that claims could be delayed for various reasons including documentation being incomplete.

The Cape Argus met with three victims, Rushda Stoffels, 42, Ineg Maritz, 43, and Enrico Petersen, 38, earlier this week, who spoke on behalf of the group, claiming they have been forgotten by Golden Arrow and left without support, following the accident on September25, 2023.

Stoffels, who suffered a severe head injury, required 55 stitches and said many victims were struggling mentally and physically. “Some are too scared to even get onto a bus again. Those who do, do it because they have no choice,” she said. She takes up to ten painkillers a day and believes that survivors have a right to access the mechanical report.

“That bus was not roadworthy. The windows weren’t working and the seats were wet. When I woke up, I had a huge cut in my head, my skull was exposed, and the seats were on top of me,” she said. The videos and photographs of the accident scene went viral on social media and showed how one of the passengers was flung out of the bus’s window as it flew into the air after hitting an island during severe weather conditions.

Petersen, who was left with multiple injuries to his arm, hand and legs had to undergo reconstructive surgery and is unable to open his left hand properly or straighten his leg, said his claim at the RAF, was also hanging in the balance due to incomplete or incorrect paper work due to the police statement.

“I had to call around this week to find out what was happening with my paperwork with the RAF and was told I do not have a claim that was processed but I found out the police paper work was not done correctly and that my lawyer is going to sort it this week. “I was lying on top of the man who died and I just wanted to get off him because I didn’t want my weight to be on top of him to make sure he is okay.” Maritz said she had been left with injuries to her head, foot, and internal organs and lost hearing in one ear. Golden Arrow spokesperson, Bronwen Dyke-Beyer said the company could not share the outcome of its internal hearing but maintained that the bus was in a roadworthy condition.

“The vehicle had a valid certificate of roadworthiness at the time of the accident. The case was concluded internally, and the appropriate sanction was handed down as per company policies,” she said. She said attempts had been made to contract passengers and provide RAF guidance but some were advised not to engage with Golden Arrow.

RAF Head of Corporate Communications, McIntosh Polela said claims were still being processed and could not be discussed publicly.

“Passengers who are found to be eligible for compensation will be compensated as per the RAF mandate,” he said.

The National Prosecuting Authority did not respond to queries about what the latest developments were following the case of culpable homicide against the driver. The victims said they wanted to say thank you to the public who assisted on the day of the accident.

Cape Argus