Johannesburg woman’s manhole injury case allowed to proceed after court blocks city’s attempt to strike it down

Justice over technicality

A simple fall into a city street hazard has turned into a landmark reminder that public infrastructure cannot be neglected. Motlolisi Rosinah, who injured herself after stepping into an uncovered manhole in Jeppestown, Johannesburg, will now see her damages claim move forward, after the Gauteng High Court blocked the City of Johannesburg’s attempt to shut it down on a technicality.

The ruling highlights the fine balance between procedural rules and substantive justice and it puts a spotlight on the city’s responsibility to ensure public safety.

The fall that started it all

On 17 November 2022, Rosinah was walking through Jeppestown when she fell into a manhole roughly a foot deep and a foot wide. She sustained injuries, the impact of which she argues could have been prevented had the City maintained its roads properly.

Her claim argues that the City, including its employees or agents, failed in its duty of care to maintain basic infrastructure safely for residents and road users.

City pushes back

The City of Johannesburg sought to dismiss the case on procedural grounds. They argued that a crucial document, filed 402 days late, should be struck from the record. According to the City, Rosinah had already been barred from filing after missing the 15-day deadline to respond to their plea.

They maintained that her legal team’s late filing was irregular and sought to remove it, effectively ending the claim before it even began.

Court sides with the plaintiff

The court found that while the filing was procedurally flawed, the reasons for the delay were understandable. Conflicting legal advice and the unavailability of an advocate delayed the submission. Once new counsel intervened, the document was filed.

The judgment made clear: refusing condonation would effectively kill a potentially valid claim, while granting it caused the City no real prejudice since the filing did not introduce new legal arguments.

“The interest of justice dictates that condonation should be granted,” the court ruled.

Broader implications

This decision shines a light on more than just a single accident. Johannesburg residents frequently encounter poorly maintained streets and infrastructure hazards, from potholes to uncovered manholes.

Social media users have taken note, with many expressing frustration at city maintenance failures. “If a simple manhole can injure someone, what about the kids walking to school?” one Twitter user remarked. Others pointed to systemic issues, calling for greater accountability and transparency from municipal authorities.

Rosinah’s claim will now proceed in full, with costs to be decided in the main action. The case will test the City’s accountability in maintaining public infrastructure and could set a precedent for similar claims from residents injured due to municipal negligence.

For now, the message is clear: procedural technicalities cannot be used to dodge responsibility, and residents’ right to safe streets cannot be ignored.

{Source: IOL}

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