Justice After a Decade: Municipality Held Liable for Toddler’s Drowning in Uitenhage

More than ten years after a toddler tragically drowned in an open stormwater drain, the parents of the child have finally received legal vindication. The Supreme Court of Appeal (SCA) ruled that the Nelson Mandela Bay Municipality is liable for the death of their 17-month-old daughter, known in court documents only as “J.”

A Preventable Tragedy

The heartbreaking incident occurred in September 2014 on Grootboom Street in Greenfields, Uitenhage. According to court records, the child fell into an uncovered and unsecured stormwater drain, despite repeated warnings to the municipality about the danger it posed.

On that day, the toddler had been left briefly in the care of a family member, who stepped out to watch a rugby match. The house’s front door was closed, and the child, too young to open it, somehow managed to get outside and into the exposed drain.

Witnesses, including neighbours and a local pastor, testified that the drain had been left open for years, dating back to 2012/2013, and had caused concern in the community due to the presence of children nearby. Several residents reported the hazard to the municipality multiple times.

“I would often chase children away from the drain because I feared for their safety,” the pastor said.

Tragically, the child’s body was later found floating in the drain.

Legal Battle: Upholding Responsibility

The family initially brought a case against the municipality, seeking damages for the emotional trauma of losing their daughter. While the trial court ruled in their favour, the municipality successfully appealed to the full court, claiming the parents had not proven wrongfulness or causation.

The family, however, took the matter to the SCA, which found that the municipality had a duty to maintain the drain safely or secure the site to prevent such incidents.

“Given the grave risk posed by the open drain, it is not unreasonable to have expected the municipality to take preventative steps,” the ruling stated.

The court concluded that the municipality’s failure to act directly contributed to the child’s death, holding it liable for damages. The exact amount to be paid to the parents will be determined later.

Community Outcry and Reflection

The ruling has sparked reactions across social media, with many residents expressing relief that justice was finally served, even after a decade. Some highlighted the ongoing risks in informal and residential areas where infrastructure maintenance is delayed, noting that children continue to face hazards like exposed drains, broken sidewalks, and unguarded construction sites.

Local advocacy groups have called on municipalities across South Africa to proactively inspect and secure stormwater infrastructure, pointing out that tragedies like J’s are preventable.

A Sobering Reminder

While the SCA’s decision provides legal closure for J’s family, it also underscores a critical lesson for municipalities and communities alike: infrastructure negligence can have devastating consequences. Residents hope that this ruling will encourage authorities to take child safety more seriously, ensuring that no family suffers a loss like this again.

{Source: IOL}

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