Online Reporter
Zvikomborero Parafini
THE family of a Budiriro man, who drowned in an unprotected sewage excavation, is demanding US$250 000 from the City of Harare, accusing the local authority of negligence that led to his death.
In a letter of demand dated July 28, Farayi Zuva of Bruce Tokwe Chambers, representing the family allege that the City of Harare failed to secure a dangerous excavation near a sewage pool in Budiriro 3, resulting in the death of Saul Karakadzai on June 7.
According to the letter, Karakadzai was returning home from work at around 8pm when he used a public footpath that passes near the sewage pool.
The family’s lawyers claim city workers had been carrying out construction work at the site and excavated around the pathway before leaving without erecting barricades, warning signs or any other safety measures to protect members of the public.
The lawyers further allege that Karakadzai fell into the unprotected sewage pool and drowned, arguing that he had every reason to believe the path was safe as it had been regularly used by residents.
In the letter, the family claims the City of Harare breached its duty of care by allegedly failing to fence off the excavation, failing to place warning signs or lights around the site, and leaving the area in a dangerous condition without indicating the risk to pedestrians.
The family’s legal representatives also state that city authorities have already instituted disciplinary action and that criminal proceedings are underway against employees allegedly linked to the incident.
The three employees Moses Dicko, Tinei Chihwai and Thomas Rwakatiwana were charged culpable homicide and were denied bail by a Harare regional magistrate.
The family says it has suffered emotional trauma, pain and suffering, loss of financial support and the loss of a beloved son, and is demanding US$250 000 in damages.
The letter gives the City of Harare 14 days to settle the claim, failing which the lawyers say they will institute legal proceedings against the local authority.
City of Harare had not responded at the time of print.
How was $250 000.00 arrived at? Was this path a designated footpath? If it wasn’t then both the deceased and the City Council workers were at fault.