Motlhomi v Eskom Holdings Limited SOC

• Jurisdiction: http://justis.com/jurisdiction/166,South Africa
• Judge: Loubser J
• Judgment Date: 31 August 2023
• Citation: 2023 JDR 3350 (FB)
• Hearing Date: 25 August 2023
• Docket Number: 3967/2020
• Court: Free State Division, Bloemfontein

Loubser J:

[1]

In the action before this court, the plaintiff is claiming damages from the defendant arising from injuries sustained by her minor son when he came into contact with electrical powerlines, which contact caused electrical burns on his right hand and arm and on both his feet.

[2]

The plaintiff called five witnesses to testify in support of her claim. After the close of her case on the merits, an application was launched on behalf of the defendant

2023 JDR 3350 p2

Loubser J

for an order of absolution from the instance. This judgement pertains to that application.

[3]

The minor child who sustained the injuries, was one of the witnesses who gave testimony as to the occurrence of the incident. He testified that on the day of the incident, he went to look for his sister on a piece of open land where he had to duck under an overhead powerline that was hanging low. In doing so, he did not notice an electrical wire that was lying on the ground, and he inadvertently stepped on the wire and became burnt by an electrical shock.

[4]

It was contended on behalf of the defendant that there was no evidence of the precise location of the incident, with the result that there was no evidence that the electrical structures, poles and powerlines at the place of the incident belonged to the defendant. It was further contended that the evidence did not support the plaintiff’s case on the pleadings, in that it was alleged in the particulars of claim that the minor child came into contact with electrical powerlines, which were suspended above the ground and supported by poles and/or pylons. In the plaintiff’s response to a request for further particulars by the defendant, however, it was stated that the minor child had stepped on the electrical powerline with both feet.

[5]

The plaintiff handed in photographs of the place where the incident allegedly happened, and no electrical wires lying on the ground are visible on these photographs. The photographs also show the burns on the minor child’s body, including the bandages covering the child’s feet.

[6]

The defendant furthermore contends that there was no evidence showing who the owner of the land in question was, or whose electrical infrastructure existed on that land. In the plaintiff’s particulars of claim, it is alleged that the defendant was the owner or was responsible for the powerlines on the premises where the accident occurred. There is no evidence supporting this...