$500 000 Zesa lawsuit over fatal bike crash

Mashudu Netsianda, Senior Court Reporter
A BULAWAYO widow whose son died in a motorbike accident allegedly caused by unsecured electricity cables lying on the road, is suing the Zimbabwe Electricity Transmission and Distribution Company (ZETDC) for $500 000.

The accident occurred on December 16 in 2015 at the 10km peg along the Bulawayo-Nyamandlovu road. The motorbike on which the deceased, Innocent Madondo was a co-rider, tripped over ZETDC cables which were blocking the road and crashed into the 10km peg sign post. Innocent sustained severe injuries and died two days later in hospital.

Ms Media Madondo, through her lawyers, Dube and Associates Legal Practitioners, has filed summons at the Bulawayo High Court citing ZETDC and Cell Insurance, its insurance company, as the defendants. In papers before the court, Ms Madondo said during his lifetime, her son looked after her. He would buy her food and pay school fees for his siblings.

“During his lifetime the deceased had legal duty thereto, in fact contributed to my support by buying monthly groceries, paying university fees for his siblings and accommodation,” she said.

Ms Madondo is seeking an order compelling ZETDC to pay $500 000 being damages for past hospital and medical fees for her late son, loss of companionship and support, pain and suffering after losing a breadwinner and the cost incurred during the funeral.

“I am at all material time and still is indigent since I am an uneducated old widow who has no other source of income since I relied on the support of my late son,” she said.

Ms Madondo said despite demand, the defendants have failed, refused or neglected to compensate her for the damages suffered.

“On September 13 in 2016, through my legal practitioner, I issued a letter of demand for the sum of $500 000 in damages. The first defendant (ZETDC) responded to the letter advising me that the claim has been forwarded to the insurers (second defendant). I have tried in vain to get Cell Insurance to pay for the damages caused by ZETDC,” she said.

ZETDC through its lawyers, Danziger and Partners, has filed a notice to enter an appearance to defend the summons.

@mashnets