On 4 November 2017, Fanie Baloyi, 11 years old at the time, was killed along with four other children from the community when a high mast light ring and flood lights dislodged and fell on them.
Following Fanie's tragic death, his mother and two sisters approached Adams & Adams Attorneys, to institute legal action against the Tshwane City Council.
A summons was subsequently issued against the City Council, out of the High Court of South Africa, Gauteng Division, Pretoria, for the emotional shock and trauma the family suffered following Fanie's passing.
In court papers filed on behalf of Fanie's family, it was alleged that the high mast light was damaged for several years, the City Council was well aware of the damage and despite City Council workers attending to work on it, it remained damaged.
The papers maintained that the City Council had failed to remove the high mast light, or cordon off the area so that it did not pose a danger to members of the community. This failure was a flagrant violation of the City Council's Constitutional duty to maintain and foster a safe and healthy environment wherein South Africans should live.
The City Council, initially, blamed the damage to the high mast light on vandalism by unknown third parties and on the community's failure to report the damage. Additionally, whilst acknowledging its Constitutional duty, the City Council alleged that this duty was limited in accordance with its available resources.
In a recent turn of events, however, the City Council has offered to pay the family R700,000.00 in damages. The offer has been accepted by the family. Read the IOL Report online here.
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