- The claimant fell into an open manhole during loadshedding and suffered serious leg injuries, with photographs supporting his claim.
- The court found the Ethekwini Municipality negligent for not ensuring manhole safety despite previous warnings.
- The municipality must fully compensate the claimant and cover legal costs. No contributory negligence was found.
The High Court in Pietermaritzburg has ruled in favour of Thamsanqa Wilson Madubane after he was injured falling into an open manhole in Ward 5, KwaZulu-Natal, on 6 June 2019.
The judgment, delivered by Judge PC Bezuidenhout on 5 November 2025, stated that Ethekwini Municipality failed to maintain public safety. Madubane explained that the manhole had previously been blocked off with red tape, but the warning signs were missing on the night he fell.
“It was dark, there was loadshedding, and I had to get to the shop to buy a candle,” Madubane said. He described how the steel in the manhole pierced his leg. His wife confirmed that the manhole had been left open for some time. Photographs shown in court depicted the open manhole and nearby dangers.
The municipality’s defence was found lacking
Witnesses for Ethekwini Municipality, including senior manager Bharatary Govender and technician Siyanda Ngwenya, recognised the municipality’s inspection procedures but could not verify if the manhole had been reported before the incident.
Judge Bezuidenhout noted that their statements lacked personal knowledge and written proof. The court acknowledged the municipality’s limited resources, but decided this did not free it from the responsibility to keep manholes safe.
The judgment stated, “It is uncontested that the defendant has a duty to ensure that the manhole is covered, but it failed to do so. By failing in its duties, it was negligent and therefore responsible for any damages a person may have suffered due to being injured as a result of the open manhole.”
No contributory negligence found
Despite the municipality’s claim that Madubane was aware of the manhole’s presence, the court found no contributory negligence. The darkness from loadshedding and the removal of warning tape meant he could not reasonably avoid the danger. Judge Bezuidenhout remarked, “In the circumstances, considering the evidence and the conditions that night, it cannot be said that there was contributory negligence by the claimant.”
The court ordered Ethekwini Municipality to fully compensate Madubane for proven or agreed damages and to pay for the costs of the case. This ruling highlights the responsibility of municipalities to maintain public infrastructure safely and respond quickly to potential dangers, even when resources are limited.
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