Aggrieved motorist sues city of Harare and govt for gross negligence

A ZIMBABWEAN motorist is suing City of Harare and Ministry of Transport and Infrastructure Development for more than US$15 000 in damages caused to his vehicle which fell into an open and unmarked ditch, which was left uncovered by the local and central government's employees.

Zimbabwe Lawyers for Human Rights said a BMW vehicle belonging to Rodrick Hahlani, a Harare resident, fell into a ditch in Belgravia suburb on Saturday 12 February 2022 after he hit a heap of soil which was left uncollected with no barricade tape surrounding the trench and neither was there any signage to caution motorists when driving.

"After the incident, Hahlani was trapped in his vehicle that had fallen into the ditch and he was subsequently assisted by two well-wishers from the University of Zimbabwe who witnessed the incident occurring. The well-wishers were instrumental in removing Hahlani from the wreckage of his vehicle using the back window on the driver's side," ZLHR said.

"Hahlani sustained some injuries on his head and mouth from the impact of his vehicle falling into the ditch and received treatment at a medical facility in Harare. The Harare motorist then engaged human rights lawyer, Idirashe Chikomba, of Zimbabwe Lawyers for Human Rights, who recently wrote a letter of demand to City of Harare and Transport and Infrastructure Development Minister Felex Mhona demanding to be paid damages amounting to US$12 965 and $600 000 within 14 days as a result of negligence by the two institutions failure of which Hahlani will institute legal proceedings against them."

ZLHR said the self-employed entrepreneur argued that City of Harare and Ministry of Transport and Infrastructure Development breached their duty of care by wrongfully and negligently creating a dangerous situation by leaving the trench exposed and unreasonably failed to take reasonable precautions to protect him and other members of the public from harm which could have easily been foreseen and guarded against.

"He charged that City of Harare and Ministry of Transport and Infrastructure Development have a statutory duty to protect members of the public from hazard by covering trenches and erecting warning signs, lights, flags and barricade tapes to notify motorists of any hazard," ZLHR said.

"Out of a total of US$12 965, Hahlani is demanding US$9 000 for replacement of his BMW vehicle, US$3 750 as damages for loss of income as he was impeded from carrying out his day to day business and US$135 as costs for towing his damaged car from the accident scene. From a total of ZWL600 000, ZWL400 will be damages for pain and suffering while ZWL200 will cater for general damages for contumelia."

ZLHR said Hahlani is the latest aggrieved person to sue City of Harare among several people. Recently, a Harare Magistrate punished Mhona by ordering him to pay more than ZWL500 000 in damages to Shepherd Chishiri, a Chitungwiza resident, as compensation for negligence after he sustained injuries when he fell into an uncovered roadside trench at Mbudzi roundabout in Harare.

"The Magistrate granted the order after the 39 year-old Chishiri was assisted by Tinashe Chinopfukutwa of ZLHR to sue Mhona and City of Harare for damages arising from negligence by the two on the basis that City of Harare and the Minister of Transport and Infrastructural Development breached their duty of care by leaving the roadside trench unmarked and uncovered," ZLHR said.

"In court, Chishiri said he broke his right leg and had to undergo an operation in hospital at his own expense after he fell into an uncovered roadside trench at Mbudzi roundabout along Simon Mazorodze road in Harare on 23 February 2020 in the evening after he had disembarked from a commuter omnibus."

Earlier on, City of Harare was also ordered by a Harare Magistrate to pay more than US$3 000 to Phillip Mutare, a motorist and his wife Mercy Mutare, as compensation for damage to their vehicle which was battered after it fell into an unmarked ditch, which was left uncovered by the local authority's employees.

"The local authority had also paid $2 500 as compensation to Obvious Katambarare, a Harare resident, who was injured owing to the local authority's negligence after some dilapidated metal sheets fell on him at Mbare Musika bus terminus," ZLHR said.