This blog is co-authored by Yuveshen Naidoo, candidate attorney.

In November 2025, the High Court in Mahikeng held the local municipality liable for injuries suffered by a claimant who fell into an uncovered stormwater drain. This decision demonstrates how damages are assessed when liability is not in dispute.

The incident occurred when the claimant stepped into an open stormwater drain while getting out of a stationary vehicle on a public street in Mahikeng. The municipality accepted responsibility for the unsafe condition, so the trial focused on the amount of compensation owed.

The court emphasized that municipalities have a duty to ensure public infrastructure is safe. When they fail in this duty, they can be held liable for permanent soft-tissue injuries as seen from this case. In assessing damages, the court relied on expert evidence about the claimant’s injuries, future medical needs, and loss of earning capacity. However, the court made it clear that expert opinions must be critically evaluated and not simply accepted at face value.

For medical expenses, the court awarded only those costs supported by clear expert evidence. Claims for surgery that were not justified by the evidence were excluded. The claimant received compensation for assistive devices and domestic help, but not for home maintenance, as there was no proof of home ownership. When considering loss of earnings, the court found that the claimant’s vulnerability in the job market had increased, which justified a higher contingency for future loss of earnings, but the retirement age was not changed. For pain, suffering, and permanent soft-tissue injuries, the court awarded a fair amount based on comparable cases.

The municipality was ordered to pay the claimant R982,316.45 in damages, plus interest and legal costs.

This judgment is a reminder that municipalities are accountable for public safety. It also illustrates how courts approach the assessment of damages, relying on logical, evidence-based analysis rather than simply accepting expert recommendations.

Mongala v Mahikeng Local Municipality (2024/19) [2025] ZANWHC 252 (28 November 2025)