Toyota South Africa Motors Limited has launched a massive lawsuit claiming R6.5-billion from Transnet, the KwaZulu-Natal transport department, and eThekwini municipality.
The Japanese motor company, which has a plant in Prospecton (Isiphingo) in the south of Durban, is claiming the money from the three government entities following the devastating April 2022 floods that forced it to halt operations for days.
This is contained in court papers filed with the Durban High Court in KwaZulu-Natal.
In essence, the company claims that if these three entities had performed their duties diligently, the damages from the floods inflicted on the gigantic plant could have been averted.
The company argues that the failure by the three in maintaining the Umlaas canal and stormwater infrastructure resulted in the flooding of its plant; thus, the three are liable to compensate it for the loss suffered.
Department responsible for maintenance
According to the company’s papers, the Umlaas canal is a concrete-lined canal intended to canalise and divert the uMlazi River around the Prospecton industrial area and the site of the former Durban International Airport.
It works together with the inlet transition and diversion embankment next to the R102 South Coast Road, where it meets the N2 highway, and along with the diversion berm, it is a key part of the system that controls and prevents flooding in the Prospecton industrial area.
“The first defendant [Transnet] owned the Umlaas Canal and was responsible for the management and maintenance thereof, as well as the flood risk associated with the Umlaas Canal; alternatively, it was the entity responsible for the management and maintenance of the Umlaas Canal, as well as the flood risk associated with the Umlaas Canal.
“The department of transport was the entity responsible for the management and maintenance of the diversion berm, as well as the flood risk associated with the diversion berm,” read the papers.
The company added in the court papers that the transport department was the entity responsible for the management and maintenance of the diversion berm, as well as the flood risk associated with it.
Structural integrity compromised
It is eThekwini-owned, managed and was responsible for the maintenance and control of the stormwater management system for the Prospecton industrial area, including the flood risk associated with the stormwater management system.
“On or about 12 April 2022, the structural integrity of the diversion berm was compromised, and the structural integrity of the Umlaas Canal was compromised, resulting in stormwater flowing in an uncontrolled fashion into the Prospecton industrial area onto the plaintiff’s premises, causing extensive flooding and resulting in damage to the plaintiff’s premises and property.
“As a direct consequence of the flooding incident and the negligence of the defendants, individually and/or collectively, the plaintiff engaged various third parties to perform cleaning and drying of the premises and property; was compelled to engage various contractors to effect repairs to the damage caused by the flooding; engaged specialist engineers to attend to the repair of inter alia the structural damage to the premises, damage to the electrical installation, plumbing, air conditioning and assembly systems; suffered damages to fixtures and fittings, office contents and electronic equipment; suffered damages to vehicles flooded and damaged; was unable to conduct its business activities for the duration of the repairs and in the process sustained damages due to this business interruption.
“As a result of the aforegoing, the plaintiff has suffered damages in the sum of R6 540 980 194 made up as follows: R4 488 642 693 being the fair and reasonable costs necessarily incurred in the repair and reinstatement of the plaintiff’s premises and property; R2 052 337 501 for business interruption.”
