SCA ruling against Nelson Mandela Bay Metro over toddler’s death
Statement by Zandile Phiri, Acting Secretary General of the United Democratic Movement
The United Democratic Movement (UDM) notes with sadness the tragic case in which the Supreme Court of Appeal (SCA) has held the Nelson Mandela Bay Municipality liable for the death of a 17-month-old toddler who drowned in an open stormwater drain in Uitenhage in 2014.
This heartbreaking incident is a stark reminder of the human cost of municipal neglect. For years, the UDM has consistently raised alarm over the collapse of infrastructure maintenance across municipalities in South Africa. The failure to maintain, secure, and inspect basic public infrastructure such as stormwater drains, sewerage systems, and roads has created daily hazards for our communities.
In this case, evidence before the courts confirmed that residents had repeatedly reported the danger posed by the uncovered drain. The municipality’s failure to act, despite being warned, directly resulted in the needless death of an innocent child. No parent should have to bury their child because of government negligence.
The UDM therefore calls on:
1. All municipalities to urgently audit their infrastructure, particularly stormwater systems, manholes, and open drains, and to secure or repair them without delay.
2. The Department of Cooperative Governance and Traditional Affairs (CoGTA) to strengthen oversight over municipalities and ensure consequences for negligent officials who ignore community warnings.
3. The South African Local Government Association (SALGA) to guide municipalities in implementing proactive maintenance systems to prevent further tragedies.
The UDM further insists that municipalities must stop treating infrastructure maintenance as a secondary matter. It is a matter of life and death, and the SCA judgment has reaffirmed that municipalities have a legal and moral duty to protect the public.
Our deepest condolences go to the family of the child who lost her life under such tragic circumstances. The UDM will continue to hold municipalities accountable until such preventable tragedies become a thing of the past.
