Resident puzzled by Tshwane action after overflowing reservoir ruins his home
The resident complained that if there were security guards at the reservoir, stealing of valves and vandalism could have been prevented and so, the overflowing. However, the metro claims the reservoir does have security and that it was not guilty of negligence.
A Mamelodi man remains puzzled that Tshwane hasn’t inspected his home following the structural damage caused when a metro reservoir overflowed.
However, the metro said that it was not necessary to inspect the Mamelodi East Section SNS house because the incident was beyond its control.
Homeowner Patrick Mabusela claimed Tshwane failed to take responsibility for the damage the overflowing reservoir caused to his home last September.
Tshwane metro spokesperson, Lindela Mashigo, confirmed to Record that the reservoir overflowed due to criminality, as valves were stolen and vandalism occurred.
Mashigo said the claim was handled by Tshwane’s insurer, who applied applicable legal principles to finalise the case.
“The broker considered the evidence at hand, which included a completed claim form as well as photos submitted, and decided it was not necessary to conduct an inspection,” said Mashigo.
However, Mabusela said remained in contact with the metro weeks after it failed to show up at a follow-up meeting he had requested.
He said he had organised a follow-up meeting because he believed the metro failed him when it reject his claim.
“Tshwane metro via Kunebe Makopo Risk Solutions informing me that ‘no negligence could be attributed to the council as the Mamelodi R3 reservoir overflowed as a result of theft and vandalism’ was unfair,’ said Mabusela.
He said the metro conlcuded that it was not negligent hence the incident was beyond its control.
“As a result, any injury, damage, loss, or stress caused by the incident cannot be claimed against council,” he added.
Mabusela said just before the incident, he had spent a lot of money building a new front perimeter wall.
He said obviously whatever was wrong at the reservoir was the responsibility of the Tshwane metro to fix permanently.
“I do not even feel safe here anymore because the metro cannot tell me when the next overflow will be or what the problem is,” he said.
Mabusela further complained that if there were security guards at the reservoir, stealing of valves and vandalism could have been prevented and so the overflowing, because the metro claims those caused the overflow.
In 2018, the Tefo family in Thibela Street experienced a similar disaster. His family blamed the metro, saying to date they were still waiting for compensation.
Mashigo added that Mabusela’s claim was handled by Tshwane’s insurer, who applied applicable legal principles to finalise the case.
“In terms of the delictual principles, causation and negligence must be proven, amongst others, in order for a claim to succeed.”
Mashigo further said Mamelodi is one of the few reservoirs that have security.
He said the metro is not aware of any claim for compensation; however a reference number provided by complainants would greatly assist in processing claims.
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