Transnet added as defendant in R1.5 injury claim

The Western Cape High Court ruled that Transnet be added as a defendant in a damages claim of nearly R1.5 million by a Cape Town woman who fell into a manhole at a train station.

The question arose as to who the manhole belonged to.

The City, against whom Maureen Hendricks issued her summons for damages, was adamant that the manhole did not fall under its jurisdiction.

In an interlocutory application, the court was asked that Transnet Limited be added as a party to the pending action instituted by Hendricks, who said she suffered severe injuries when she fell into an open, unprotected manhole on August 17, 2022.

The City filed a special plea of misjoinder and non-joinder, averring that the manhole in question is part of Transnet’s infrastructure, specifically a boundary inspection chamber at the Stikland Train Station.

Transnet, on the other hand, denies ownership or responsibility for the manhole, contending that it is situated on a public sidewalk and forms part of the City’s sewer installation. Following the incident, the City, however, did cover the manhole.

The City, meanwhile, filed a notice to abide by this application that Transnet should be joined as a party.

Judge Gayaat Da Silva Salie said it is in dispute whether the manhole is part of municipal infrastructure or Transnet infrastructure.

“As I see it and, in my view, if Transnet is not joined and the City is found not liable on the basis that the manhole belongs to Transnet, the applicant (Hendricks) would be compelled to institute separate proceedings against Transnet, possibly raising prescription defences and duplicating factual inquiries.”

The judge added that the fact that Transnet denies liability does not negate its direct and substantial interest in the subject matter. The very dispute as to whether the manhole is Transnet’s responsibility underscores that interest.

The joinder will not cause prejudice beyond requiring Transnet to participate in the proceedings — a consequence inherent in the joinder of any party. In contrast, the prejudice to the applicant in refusing joinder, given the proximity to the three-year prescription period, is significant, the judge said.

She ordered that Transnet be joined as the second defendant in the matter.

Cape Times