Man injured in uncovered manhole: eThekwini Municipality ordered to pay damages
The eThekwini Municipality has been ordered to pay full damages to a KwaZulu-Natal man who fell into an uncovered manhole and got injured on June 6, 2019, while he was on his way to buy a candle during load shedding.
The manhole that Thamsanqa Wilson Madubane fell into at around 7.45pm had reportedly been uncovered for months, and the danger tape had been removed by the night of the incident.
When Madubane fell, a steel rod inside the manhole penetrated his leg. He required assistance from others to pull him out, after which he limped to the shop to buy a candle. His wife attended to his wounds, treating and bandaging them. The next day, Madubane visited a doctor and took photographs of the manhole.
Following his injuries, he approached the Pietermaritzburg High Court to claim damages against the municipality. His photographs were used as evidence.
In his testimony to the court, Madubane explained that he was rushing on the day of the incident because of the dangerous, dark area where he resides and his need to reach a shop quickly.
During court proceedings, the municipality argued that it was unaware of the hazardous condition of the manhole and cited limited resources and routine inspections conducted every six months as its defence.
Bharatary Govender, a senior manager in eThekwini’s engineering and storm water maintenance departments, testified that no complaint had been received regarding the specific manhole.
However, the court determined that he failed to produce any reporting records that would substantiate his claim that the incident had not been reported.
Judge Pieter Bezuidenhout dismissed the city’s arguments.
“The fact that the municipality may have limited resources is not a defence. Its duty is to ensure that the manholes are covered.”
The municipality had also attempted to argue contributory negligence, suggesting Madubane should have been more careful despite knowing the manhole existed as he walked where the manhole was for about three-four hours a week.
However, the judge found this argument without merit, given the circumstances.
“Taking into account the evidence and the conditions that evening, it cannot be found that there was contributory negligence by Madubane,” he ruled.
nomonde.zondi@inl.co.za