The KwaZulu-Natal High Court sitting in Pietermaritzburg has ordered the eThekwini municipality to compensate a resident in full after he suffered injuries from falling into an uncovered manhole during loadshedding in 2019.
Judge PC Bezuidenhout ruled that the municipality was 100% liable for damages sustained by Thamsanqa Wilson Madubane, who fell into an open manhole in Ward 5, Inanda, on June 6, 2019.
The judgment, delivered on Wednesday, found that the municipality had failed in its duty of care to ensure public safety.
According to court papers, Madubane had been walking along a familiar pavement to buy a candle when he plunged into the manhole, which was left uncovered and filled with debris.
A steel bar inside the manhole penetrated his leg, leaving him injured and traumatised.
“It was pitch dark because of loadshedding,” he testified. “I knew about the manhole before, but there used to be red tape around it. That night the tape was gone.”
Manhole open for months
Photographs taken the following morning showed the open manhole strewn with garbage and remnants of red tape.
His wife confirmed in her testimony that the hole had been left open for months despite community complaints.
Municipal officials admitted that the incident occurred within their jurisdiction but argued they were unaware of the hazard.
Bharatary Govender, the senior stormwater manager, stated that they conducted inspections every six months and had not received any complaints prior to the accident.
However, he could not provide documentation proving the manhole was reported.
Bezuidenhout rejected the municipality’s defence, stating that its omission amounted to negligence.
“It is uncontested that the defendant had a duty to ensure the manhole was covered. By failing in its duties, it was negligent and therefore liable for any damages suffered,” the judge said.
No contributory negligence found
The court also dismissed the municipality’s attempt to shift the blame to Madubane, finding no contributory negligence.
The judge said: “The plaintiff was not negligent given the darkness, the prior warning tape, and the danger in the area.”
Citing the recent Supreme Court of Appeal ruling in Le Roux NO v Nelson Mandela municipality (2025), the court reaffirmed that municipalities can be held liable for injuries caused by uncovered manholes.
The eThekwini municipality has been ordered to compensate Madubane for all proven or agreed damages and to pay the legal costs of the case.
However, the judgment does not specify the exact amount of compensation.
The ruling states that the municipality is completely responsible, and the exact amount of money to be paid will be figured out later after looking at how much Madubane was hurt and what he lost.
