The Free State High Court in Bloemfontein has overturned an earlier ruling that cleared Eskom of responsibility for electrocuting a minor, ordering the power utility to pay the child's proven or agreed damages. The court found that Eskom failed to provide evidence to rebut a legal presumption that it was negligent in the February 2020 incident, which left the child, identified as SBM, with burns on his feet and arm.
The court criticized Eskom's conduct after the incident, stating that the power utility failed to present evidence despite its counsel's undertaking to call an employee to testify about the powerline. Instead, Eskom closed its case without presenting rebuttal evidence, according to Judge Joseph Mhlambi. The judgment set aside the earlier order of absolution from the instance and found that the plaintiff succeeded 100% on the merits, with costs.
The court considered the child's testimony that he was electrocuted after stepping on an electric cable lying on the ground on February 9, 2020. His grandmother testified that she had seen low-hanging powerlines in the area and that a cable remained on the ground for more than a year. The court also took into account Eskom's actions after the incident, including visits from Eskom representatives who advised the grandmother not to take Eskom to court.
The earlier court had found that Eskom's actions could be explained by its belief that it was not responsible for the infrastructure. However, the appeal court reached a different conclusion after considering Eskom's failure to present evidence. The court found that Eskom's counsel had repeatedly indicated during the trial that the powerline shown in photographs was an Eskom line.
The judgment highlighted that section 25 of the Electricity Regulation Act provides that injury caused by electricity generated, transmitted or distributed by a licensee is deemed to have been caused by the licensee's negligence unless there is credible evidence to the contrary. Eskom admitted that it was a licensee under the act, making it liable for the damages.
The appeal court ordered Eskom to pay the plaintiff's costs, including counsel's fees and the costs of the applications for leave to appeal. The court also ordered that Eskom be liable for the damages proven or agreed upon. The ruling marks a significant victory for the child and his family, who had sought justice for the electrocution incident.
Key points
- The Free State High Court has ruled that Eskom must pay damages to a child who was electrocuted by a cable in 2020.
- The court found that Eskom failed to provide evidence to rebut a legal presumption that it was negligent in the incident.
- The ruling marks a significant victory for the child and his family, who had sought justice for the electrocution incident.
