Transport department gets legal team for lawsuit over flood damages

THE KwaZulu-Natal Department of Transport (DOT) is assembling a team of legal minds to guide them on a lawsuit instituted by insurance company Tokio Marine & Nichido Fire Insurance Co.

- ZAINUL DAWOOD

The Japan-based insurance company has sued the eThekwini Municipality, Transnet SOC Limited and the DOT in respect of the April 2022 floods, which affected Toyota South Africa Motors (Pty) Ltd (TSAM), based in Prospecton.

In court papers, it is stated that the three organisations had failed in their duty to maintain infrastructure and should have known that neglecting such responsibilities could lead to flooding.

During the April floods, the structural integrity of the Umlaas Canal and the diversion berm was compromised, leading to stormwater flowing into the Prospecton Industrial Area, where the Toyota plant is situated, causing extensive flooding and damage, according to the court papers.

It stated that Transnet owned the Umlaas Canal and was responsible for its management and maintenance, as well as the flood risk associated with it. The concrete-lined canal is intended to channel and divert the uMlazi River around the Prospecton Industrial Area. Together with the diversion berm, it formed an integral part of the flood control and prevention mechanism for the Prospecton Industrial Area, it further stated.

It said the DOT was responsible for the management and maintenance of the diversion berm, while the municipality owned, managed and was responsible for the maintenance and control of the stormwater management system for the Prospecton Industrial Area.