The theft and vandalisation of manhole covers in Johannesburg came under the spotlight when a Soweto resident who was rushing to catch her taxi fell into an exposed manhole and injured her leg.
Sizakele Yende turned to the Gauteng High Court, Johannesburg, where she claimed damages against the City of Johannesburg following her ordeal. While the court noted that the City has an obligation to maintain the manholes to ensure they are not a danger to the community, the court also found that Yende should have been more alert to where she was walking.
Yende testified that in February 2020 she was on her way home from Maponya Mall in Soweto, where she had bought groceries for her business as a baker. She decided to catch a taxi at Chris Hani Road, as the taxis inside the mall were slow and she was in a hurry to get home.
The plaintiff testified that she was walking fast along the pavement and was looking out for a taxi. While walking, she fell in an open manhole and injured her right ankle. The hole, she said, was square-shaped and it was dark inside.
According to her, the manhole was situated on top of the pavement where she was walking; it was not closed, and there were no signs next to it. She only noticed the manhole when her leg entered the edge of it. She was helped out by people who were passing by.
Yende said she never saw the manhole as it was the first time that she walked in that area. According to her, her ankle bone was broken in three places, and a screw and two plates were inserted in her ankle.
A manager at the City’s road agency department, meanwhile, testified that the agency has a maintenance plan, but it has limited resources. In the region where the incident occurred, there are only six inspectors, and the agency relies on the public to report any defects, he explained.
He identified the manhole in this matter as a stormwater drain. He indicated that the turnaround time for fixing a defective stormwater drain is four days, and the City will usually barricade the defective structure.
He said that the Johannesburg Road Agency has about 2,500 stormwater drains, and when they receive notices from the public, they attend to the defects in their infrastructure. The lids/covers of the stormwater drains are inspected twice a year in preparation for the rainy season.
The official testified that the City does not have the resources to inspect more than twice a year due to a shortage of inspectors.
While the theft of manhole covers is a problem, the City tries to stay on top of things as best as it can to ensure a safe environment, he said.
The court concluded that while the City was at fault, Yende is not blameless, as she should have looked where she was walking; the City has to pay 50% of the damages which she can prove she has suffered.
zelda.venter@inl.co.za
