Update
KNYSNA NEWS - When it comes to talking about the June fires last year, the main topic on most victims' lips since then has centred around who would be held responsible and how would damages be retrieved from the responsible party.
This is where Dercksens Inc attorneys have stepped in, and during a presentation on Wednesday 31 January, by litigation attorney Donald Curtis, he explained to interested parties/fire victims how the process of claiming from Knysna and Eden District municipalities would work.
According to Curtis, there are potentially hundreds of plaintiffs in the case, against the municipalities as defendants, for allegedly being negligent in not taking sufficient steps to prevent the Elandskraal fire from starting.
“The claim is based on ‘delict’," Curtis explained.
"This refers to a claim founded on a wrong done by one person to another and the victim may claim compensation to place them in the position that they were in prior to the harm they suffered."
In this case, Curtis said, the plaintiff must satisfy the court that the defendants were negligent.
But the matter is not as simple as now claiming from the municipalities, he added.
“There is still a long road ahead as this type of litigation can take years, at quite a large cost.
"The next step is to serve the defendants with a notice of the claimant’s intention to institute a damages claim.
"Although this must ordinarily be done within six months of the alleged negligent act, a court has the authority to condone the late service of the notice.
Joining the queue
"The defendants have already been served notices by other claimants’ timeously, so there is no potential prejudice to them in respect of the notices to come.
"Many people did not know that they had a claim until the media reported on the action under way in January 2018.
"The next step, once all plaintiffs have been gathered and consulted, will be issuing the defendants with a summons – but that step is still some time away,” said Curtis.
During the presentation, in which Curtis did not allow any questions or a debate on the issues due to the sensitive nature thereof, he explained the law of negligence in South Africa generally, the facts on which the case regarding the western fire that started in Elandskraal is based on, who can claim, what may be claimed, and the claim process.
“The fire is a sensitive and emotive issue and therefore I am not taking any questions or starting a debate on the subject.
"I am explaining the process and those interested can come to consult with us for further information,” he said.
Curtis added that all claims on behalf of fire victims would be done on a “no win, no fee” basis.
“This means we will only be entitled to a fee from a client if and when their claim is successful. The attorneys thus take the risk with the client,” he said.
“What I can say, though, is that this is not a quick process as it must be pursued in the high court.
"This could take five to six years in itself, but there is always the chance of an appeal, which could add two to three years to it. People must remember that their claim will not help them immediately – it is not a silver bullet,” he said.
To date, Curtis said, the law firm has received nearly 20 requests from potential claimants for assistance, and he expects this number to grow as more people become aware of their rights.
"That is not counting fire victims who are working through their own attorneys," he added.
Read a previous article by Curtis: ‘Fires: Can you claim for damages from municipality?’
ARTICLE: STEFAN GOOSEN, KNYSNA-PLETT HERALD JOURNALIST
'We bring you the latest Knysna, Garden Route news'
