Pensioner wins court case against muni
A 70-year-old pensioner has won a case of negligence against the Polokwane Municipality
A 70-year-old pensioner has won a case of negligence against the Polokwane Municipality nearly four years after he was seriously injured when he tripped and fell over an uneven pavement.
The judgement was handed down by judge Justice Makhafola in the North Gauteng high court on August 26, in which the municipality was deemed to have been negligent by omitting to execute it legal duties to repair the spot on the pavement where the plaintiff was injured. The municipality was also found liable for the pensioner, Jack Snelling’s damages provided he had proof of them, as well as his legal and travelling costs.
Snelling’s attorney, Thomas Grobler, said the municipality had a duty to maintain the sidewalk and had failed to do so. It thus created an uneven or unstable surface which had become hazardous for users of the sidewalk. Makhafola agreed, saying: “The disrepair appears to have been there for some time. The said pavement is situated in a very busy main street in Polokwane. All the pictures …point to a pavement in a very poor state of repair.” He said the municipality should have known the condition of the said pavement, which required fixing by its monitors who were paid for that purpose and the fact that the municipality did not receive any complaints about the condition of disrepair of the pavement in question did not absolve it from its duties to maintain its roads and pavements.
Snelling’s accident occurred near a pharmacy in the busy Landdros Maré Street in December 2009. He was 66 years old at the time of the incident. Amongst the injuries he suffered, his hand was injured to such an extent that he had to eventually have specialist attention, and surgery. Snelling is a pensioner, but as an artisan he still used to do odd-jobs to supplement his pension. However, due to his injuries, he was unable to do so afterwards.
The amount to be paid to Snelling is still to be determined by the court. The municipality has until tomorrow (Friday) to indicate if it will appeal the court’s decision.
