adminThe man, Mr Kenny Maderera, reportedly sustained injuries when his vehicle, a one-tonne Nissan truck was involved in an accident with a council refuse compactor on 8 January 2010.
The person who was driving his truck, Mr Onias Bvuma, died on the spot.
The driver of the council truck, Mr Norman Ngwenya, was charged with culpable homicide, convicted and sentenced to $200 fine or six months.
After the conviction, Ngwenya was dismissed from work in terms of council’s conditions of service.
The latest council report shows that Mr Maderera then instituted a claim for damages against Ngwenya, the council and Zimnat Insurance.
According to the report, council acknowledged that it was wrong in the matter but challenged the figure being claimed by Mr Maderera.
“Council is vicariously liable because the offence was committed during the course and scope of Mr Ngwenya’s employment. Mr Ngwenya had also been authorised to drive the refuse compactor.
“Council could not deny liability but defended the matter in order to put them to strict proof because he was claiming $130 000,” read the report.
The report shows that council had managed to reduce the settlement to $39 000 but permission was being sought from councillors for the Town Clerk, Mr Middleton Nyoni, to negotiate for a further reduction.
“Authority is herby sought for the Town Clerk, through the Chamber Secretary, Mrs Sikhangele Zhou, to be allowed to negotiate a reasonable settlement on behalf of council. The claim has so far been reduced to $39 000 and Mr Maderera has since furnished us with his medical expenses and quotations for the damaged car,” read the report.
In a debate that ensued, Councillor Phinias Ndlovu of Ward 14, wanted to know what factors were considered in reaching the reduced figure.
Clr Edward Ndlovu of Ward 25, wanted to know whether any action would be taken to recover the money from the council driver who was involved in the accident.
Mrs Zhou explained that various factors that were mostly subjective, which included Mr Maderera’s lifestyle, had been considered.
She said Mr Ngwenya had been dealt with in terms of council’s regulations.
“The staff member was within the scope of his duties and was dealt with in terms of conditions of service. He was dismissed from work and requested to repair the vehicle,” said Mrs Zhou.
After further discussion, councillors resolved that; “the authority be granted to the Town Clerk, through council’s legal representatives, to negotiate a reasonable settlement for the matter and pay as appropriate”.
“Council is vicariously liable because the offence was committed during the course and scope of Mr Ngwenya’s employment. Mr Ngwenya had also been authorised to drive the refuse compactor.”
Online Reporter