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Supreme Court Holds Nelson Mandela Bay Metro Liable for Toddler’s Death
Justice delayed, but not denied
More than a decade after a toddler drowned in an open stormwater drain in Uitenhage, her parents have finally found justice. The Supreme Court of Appeal (SCA) has ruled that the Nelson Mandela Bay Metro is legally responsible for the child’s death.
The case goes back to September 2014, when 17-month-old J, as she is identified in court papers, fell into a neglected stormwater drain on Grootboom Street in Greenfields. The family launched legal action against the municipality, arguing that the drain had been left open for years despite repeated warnings from residents.
A community’s warnings ignored
Five witnesses testified that the municipality had been informed about the hazard well before the tragedy. Neighbours said they phoned the call centre as far back as 2013, reporting the danger several times. A local pastor told the court he had chased children away from the drain on many occasions and had even raised the alarm with the ward councillor.
On the day of the incident, he was the one who discovered J’s body floating in the water after being alerted by other children.
The municipality denied ever receiving such complaints. It also argued that the child’s parents should have ensured she was not left near the drain without an adult.
The court’s decision
The Supreme Court rejected those arguments. It found that the risk posed by the uncovered drain was obvious and severe. Expecting the municipality to secure or repair the site was not unreasonable. By failing to take action, the metro had been negligent, the court said, and therefore liable for the little girl’s death.
While the damages payable to the parents will be decided later, the ruling itself sets a strong precedent: municipalities have a duty to keep public spaces safe when hazards are reported.
Why this ruling matters
This case may be centred on one tragic death, but the message is wider. Across South Africa, many communities live with uncovered drains, broken pavements, and dangerous infrastructure. The judgment reinforces the principle that municipalities cannot look the other way when residents highlight risks that put children and families in danger.
For the parents of J, this ruling cannot undo their grief. But after years of legal back-and-forth, it finally holds those in power accountable.
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Source: IOL
Featured Image: Flickr
