Online Reporter
Zvikomborero Parafini
THE City of Harare has entered an appearance to defend a US$250,000 lawsuit filed by the family of a Budiriro man who allegedly drowned after falling into an unprotected sewage excavation.
The local authority formally entered its appearance to defend the High Court action last week, four days after summons were served on it.
The matter, filed under case number HCH4437/26, pits Tarwa Karakadzai and Netsai Dube against the City of Harare over the death of Saul Karakadzai, who allegedly drowned in a sewage excavation in Budiriro 3 on June 7.
According to court papers, the Council is being represented by Richard Legal Services, while the family is represented by Bruce Tokwe Commercial Law Chambers.
The development follows an earlier letter of demand in which the family sought US$250,000 in damages from the local authority, accusing it of negligence and breaching its duty of care.
The family alleges that Karakadzai was returning home from work at around 8pm when he used a public footpath passing near a sewage pool where council employees had been carrying out works.
It is alleged that excavation works had been carried out around the pathway but the area was left without barricades, warning signs, lighting or other safety measures to alert pedestrians to the danger.
Karakadzai allegedly fell into the excavation and drowned.
His family argues that he had every reason to believe the pathway was safe because it was regularly used by residents.
The family accuses the Council of failing to fence off the excavation, erect warning signs or lights and take reasonable measures to protect members of the public using the pathway.
Three City of Harare employees — Moses Dicko, Tinei Chihwai and Thomas Rwakatiwana — have also been charged with culpable homicide in connection with Karakadzai’s death.
The family claims it suffered emotional trauma, pain and suffering as well as loss of financial support and companionship following Karakadzai’s death.
After the initial demand for compensation, the dispute has now escalated to the High Court, with the council’s notice of appearance indicating that it intends to contest the family’s claim.
The City of Harare is yet to place its substantive defence to the allegations before the court.
