News / Local
Council charged with culpable homicide
26 Mar 2014 at 05:13hrs | Views
The Bulawayo City Council has been dragged to court facing charges of culpable homicide following the death of a 16-year-old boy who drowned last year in a gravel pit in Entumbane allegedly dug and left uncovered by the local authority in the 1970s.
Simela Dube, the council's director of the engineering services represented the city council before Magistrate Chrispen Mberewere at the Tredgold Magistrates' Courts Tuesday.
But he was not asked to plead.
It is the state's case that on January 21 2013, at around 3pm, the now deceased, Nqobizitha Ncube, who lived in Thorngroove went to swim with his friend, a 12-year-old boy at the gravel pit situated behind the Noczim garage at Entumbane.
Nqobizitha allegedly drowned and died whilst swimming in the pit, allegedly dug and left open by council.
The state alleges that the city council caused the death of the 16 –year-old by negligently failing to guard against that possibility.
Representing the state, the prosecutor Jeremiah Mutsindikwa argued that council realised the possibility that death could result from this conduct but failed to secure the place.
Water had filled up the pit due to rains, attracting children to swim.
The lawyer representing council, Norman Mangena, however, argued that it was common knowledge to the residents that the place was not a public site.
"The young men concerned, in fact, walked plus or minus five kilometres from their place of residence in Thorngroove to go swimming at the site. They could have walked elsewhere and engaged in the same activity. There is no possible negligence that can be attributed to the accused," argued Mangena.
He further argued that if the parents were keeping an eye on their children, this incident could not have happened.
The state, however, said council had a duty to ensure the area was fenced off from the public as it was dangerous.
"The council knew about the danger but never acted to prevent any casualties. Had it not been for the BCC, this unfortunate incident could not have happened," said Mutsindikwa.
"When this pit was dug in the 1970s, there was nothing wrong. A number of suburbs were not there at that time. Bulawayo has expanded and some houses have been built very near to that quarry pit yet council has not recognised the danger it may pose to the children in that area. The reality is that there are houses around that area and the council has to do something about it."
The matter was remanded to April 10, 2014.
Simela Dube, the council's director of the engineering services represented the city council before Magistrate Chrispen Mberewere at the Tredgold Magistrates' Courts Tuesday.
But he was not asked to plead.
It is the state's case that on January 21 2013, at around 3pm, the now deceased, Nqobizitha Ncube, who lived in Thorngroove went to swim with his friend, a 12-year-old boy at the gravel pit situated behind the Noczim garage at Entumbane.
Nqobizitha allegedly drowned and died whilst swimming in the pit, allegedly dug and left open by council.
The state alleges that the city council caused the death of the 16 –year-old by negligently failing to guard against that possibility.
Representing the state, the prosecutor Jeremiah Mutsindikwa argued that council realised the possibility that death could result from this conduct but failed to secure the place.
The lawyer representing council, Norman Mangena, however, argued that it was common knowledge to the residents that the place was not a public site.
"The young men concerned, in fact, walked plus or minus five kilometres from their place of residence in Thorngroove to go swimming at the site. They could have walked elsewhere and engaged in the same activity. There is no possible negligence that can be attributed to the accused," argued Mangena.
He further argued that if the parents were keeping an eye on their children, this incident could not have happened.
The state, however, said council had a duty to ensure the area was fenced off from the public as it was dangerous.
"The council knew about the danger but never acted to prevent any casualties. Had it not been for the BCC, this unfortunate incident could not have happened," said Mutsindikwa.
"When this pit was dug in the 1970s, there was nothing wrong. A number of suburbs were not there at that time. Bulawayo has expanded and some houses have been built very near to that quarry pit yet council has not recognised the danger it may pose to the children in that area. The reality is that there are houses around that area and the council has to do something about it."
The matter was remanded to April 10, 2014.
Source - Zim Mail
