Supreme Court finds municipality liable for child's drowning in stormwater drain

MORE than a decade after their toddler drowned in an open stormwater drain, the parents of the then 17-month-old girl received justice after the Supreme Court of Appeal (SCA) ruled that the Nelson Mandela Bay Metro was liable for the child’s death.

- ZELDA VENTER

The tragic drowning occurred in Uitenhage in September 2014. The parents of the little girl, only identified by the court as J, were represented in their application by lawyers appointed by the court to act on their behalf.

They instituted action against the municipality, seeking damages for the emotional and psychological trauma caused by their daughter's death.

The trial court, having heard evidence from both parties, found the municipality liable for the damages claimed. The full court, however, upheld the municipality's appeal, finding that the appellants had failed to adequately establish the elements of wrongfulness and causation.