Zvikomborero Parafini
THE City of Harare says it was NOT TO BLAME for the death of a Budiriro man who fell into an excavation pit near a sewage facility.
The Council even claims Saul Karakadzai ignored safety measures.
Authorities running the capital have denied liability in a US$250,000 lawsuit brought by the family of the late Budiriro man.
In its plea filed at the High Court, the local authority denied negligence and argued that the death of Karakadzai was solely attributable to his own failure to exercise due care.
The response follows a lawsuit filed by Karakadzai’s family, through their lawyer Farayi Zuva of Bruce Tokwe Commercial Law Chambers, accusing the Council of failing to secure an excavation in Budiriro 3, where he died on June 7.
Council disputes the family’s assertion that it had excavated a pool of sewage, saying it was carrying out planned sewer rehabilitation works as part of its statutory obligation to maintain public infrastructure.
It said the works were ongoing and substantial portions of the trench had already been backfilled, with the remaining exposed section situated near a school boundary wall and forming part of the final stages of the project.
The local authority further maintains that reasonable safety measures were in place at the site, including warning tape around the exposed section and heaps of excavated soil along the margins of the trench.
The Council argues that the soil provided an additional physical barrier to the warning tape and alleges that Karakadzai ignored the safety measures.
It also blamed delays in completing the works on settlement encroachment and spatial constraints, alleging that some structures had been constructed within or immediately adjacent to sewer servitudes, making conventional exclusion zones difficult to maintain.
The City challenged some of the family’s account of the circumstances surrounding Karakadzai’s death, describing the allegations as assumptions and hearsay on the basis that the plaintiffs were not at the site when the incident occurred and had not spoken to him before his death.
Council insists Karakadzai disregarded visible signs of danger by allegedly bypassing warning tape and navigating over spoil barriers before entering the active works area.
It consequently denies responsibility for the family’s alleged loss of support, pain and suffering, emotional trauma and funeral expenses and says it is not liable for the US$250 000 being claimed.
The City has asked the High Court to dismiss the family’s claim with costs, maintaining that it was not negligent and did not cause Karakadzai’s death.
