Forklift 'not a motor vehicle', court rules after Spar employee knocked over | Business

The High Court in Thohoyandou, Limpopo had earlier been presented with the case involving an employee of the Nzhelele Spar in the province's Vhembe district identified only as Ms Menangwele.

Menangwele was knocked down by a Hyster 250 forklift driven by insured driver Mashudu Tshishonga, and sustained injuries that resulted in her being admitted to hospital. She filed for damages against the Road Accident Fund , which conceded the merits at 80% in her favour, provided the high court found the forklift to be a motor vehicle.

"Menangwele testified that the forklift was generally used to carry loads within the Nzhelele Spar premises; that the receiving zone was used for stock loading; and the receiving zone was separated from the outside parking areas by a gate. The forklift would, however, sometimes be driven outside the Spar premises, crossing over the public road to Boxer store," read a statement from the SCA on Thursday.

The insured driver denied that the forklift would sometimes be driven outside the premises or around the parking areas, the statement added. According to him, he was specifically told and trained not to drive the forklift on the main road. "The receiving area is a private area and not a road. It was used only to receive and load goods and was not used by the general public. Therefore, the SCA held that it did not qualify to be classified as a motor vehicle for purposes of the RAF," the statement said. In times of uncertainty you need journalism you can trust. For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features.

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