Paving slab turns woman�s life into hell
Bonte Seepi | Tuesday August 29, 2017 17:09
Narrating her ordeal, Motswagole said her worst nightmare started in June, 1, 2007 around 4pm as she was walking to her car after buying groceries at Cooperative Society Shop.
She got tripped by a paving slab that was not properly aligned with the rest of the others.
She fell to the ground and sustained a knee injury that would force her to seek medical attention at Tapologong Clinic. Motswagole blames the Selebi Phikwe Town Council (SPTC) for the poor workmanship that cost her happy living.
She said the nurses at the clinic told her that the knee was not badly injured and may be over-reacting due to arthritis, which she could have inherited from her late mother. Motswagole said she then believed them as her late mother was arthritic.
Unfortunately, her condition continued to deteriorate until she became physically incapacitated and she had to consult a private medical practitioner who then revealed to her that the treatment she got from Tapologo Clinic was incorrect.
She contended that consequent to the wrongful diagnosis and treatment she suffered side effects, which included sinusitis, hypertension and discomfort in her hip.
“There was never proper medical attention, and I only learnt from the private doctors that the knee needed total replacement surgery for me to be able to walk properly again without the help of crutches. They said the knee damage was very extensive.
“I depended on my robustness to run a variety of businesses, ploughing, cattle rearing, catering and a real estate agency. Now that I can’t run the businesses anymore, I had to sell all my properties to be able to pay for my medical bills.
“In 2010, someone advised me to take the matter to court, and that was how my case started at the Francistown High Court in May,” Motswagole said.
In the High Court case number CVHFT-000166-10, the respondent was the SPTC.
The plantiff (Motswagole) had brought suit against SPTC for damages arising from an injury to her right knee alleged to be the result of her falling on the knee due to misaligned paving slabs laid by the defendant at Selebi-Phikwe mall.
In the judgement, it was said that the plaintiff had not placed before the court any evidence to show how she arrived at the various figures she proffered.
The judgement also stated that it was not clear why the defendant changed their stance of denying liability.
“Be that as it may, my view is that the plaintiff has not moved to the requisite standard that she tripped and fell from the slab she alleges.
In her evidence the plaintiff said people known to her witnessed her fall and even assisted her, but no effort was ever made to call them as witnesses.
“The only evidence put forward is that of a photograph of a misaligned slab, which could have been taken from anywhere in the world,” the judgement said.
In the judgement, the plaintiff’s action was dismissed and she was ordered to pay the costs of the suit.
Motswagole wanted to be compensated by SPTC for medical expenses before the case of P3,000 and future medical expenses of about P250,000.
She also wanted compensation for the pain and suffering disfigurement and loss of amenities of life amounting to P250,000.
Further she wanted to be compensated for loss of earning capacity at a life expectancy of 17-years from the present at P22,500 per month.
She also wanted compensation for loss of livestock and related machinery and equipment amounting to P2,000.
She also wanted to be covered for loss of decent accommodation, inconvenience, embarrassment and emotional trauma she suffered at a cost of P2,500 per day from March 1, 2010 to the date of settlement.
The matter was not successful, but Motswagole believes that she was given a raw deal by the judicial system. Motswagole said her case was concluded in August 2015 and it started again in 2016 as she was never given the judgement.
Beside the businesses, Motswagole said she also owned a home in Serowe, which she was forced to sell in order to cover her expensive medical bills and legal fees. She now stays at her parents’ home in Palapye and is frustrated by the fact that she has turned into a beggar.
Motswagole said she used to stay with children and take care of them even those who were not related to her. She said now that she cannot provide for them, they have all left to become prostitutes. As a result, some have contracted HIV while others have been raped.
The mother of three also said that none of her sons are working and one of them has deserted home as he could not take the poverty anymore.
She said the government killed her dreams as they cannot even take care of her health as every time she goes to the hospital she is given medical prescriptions, but the drugs are never available in government hospitals.
“It’s a pity because I can no longer afford private hospitals anymore. I don’t know the damage that I am continuing to cause to my body with Grandpa tablets because that is what is keeping me alive.
The last time I afforded a private doctor was in 2013. Right now the money that I get is mostly donations from Good Samaritans,“ she said.
Meanwhile, Motswagole said she was once registered for free food hampers and later on after about 18 months, her name was cancelled and she could no longer get the assistance.
She said she has since appealed her case against SPTC. She said she is yet to consult the Member of Parliament (MP) for the Palapye, Moesiraele Goya about the matter as well as human rights organisations outside the country. She said she has tried all avenues locally, but all in vain.