Consumer controversies

Western Cape court orders Transnet added to R1.5 million manhole injury case

Published

2 weeks ago

August 15, 2025

Chiraag

Transnet, Western Cape High Court, Cape Town injury claim, R1.5 million damages case, Stikland Train Station, City of Cape Town legal dispute, manhole accident, Joburg ETC

An ongoing dispute over who is responsible for an open manhole at Stikland Train Station has taken a new turn, with the Western Cape High Court ordering that Transnet be joined to a R1.5 million damages claim brought by a Cape Town woman.

The fall that sparked a legal fight

Maureen Hendricks says her life was upended on 17 August 2022, when she fell into an open, unprotected manhole at the station, suffering severe injuries. She sued the City of Cape Town for almost R1.5 million, arguing the municipality had failed in its duty to keep the area safe.

The City, however, argued that the manhole was not theirs. In court papers, it described the structure as a boundary inspection chamber belonging to Transnet and filed a special plea of misjoinder and non-joinder.

Whose manhole is it?

Transnet denies owning the manhole, claiming it sits on a public sidewalk and is part of the City’s sewer system. Ironically, the City did cover the manhole after the incident, but insists that doesn’t prove ownership.

With the three-year legal prescription period closing in, the City filed a notice to abide by an application to have Transnet formally added to the case.

Why the court stepped in

Judge Gayaat Da Silva Salie said the core dispute, whether the manhole is part of municipal or Transnet infrastructure, made it clear that Transnet has a direct and substantial interest in the case.

“If Transnet is not joined and the City is found not liable on the basis that the manhole belongs to Transnet, the applicant would be compelled to institute separate proceedings,” the judge explained. That could allow for a prescription defence and force Hendricks to repeat the same factual arguments in a new trial.

The judge noted that while Transnet denies responsibility, the risk of prejudice in refusing the joinder far outweighed any inconvenience to the company. Being added as a defendant simply means participating in proceedings, which is inherent in any joinder.

What happens next

The court’s order means Transnet will now be the second defendant in the case, alongside the City. Both will have to answer Hendricks’ allegations, and the issue of who owns the manhole and who should pay will be tested in full.

For Cape Town residents, the case highlights a bigger question: when public infrastructure is in dispute, how do you hold the right party accountable before time runs out?