Mother wins court battle against municipality after child electrocuted by unsafe transformer

In a ruling that underscores the responsibilities of local authorities, a mother from Mthatha has successfully claimed damages from the King Sabata Dalindyebo Municipality following a tragic incident in which her two-year-old child was electrocuted by a dangerously positioned electric transformer.

The case reached the Mthatha High Court, where the mother argued that the municipality failed in its duty to protect residents from potential hazards. Her child suffered severe injuries on June 6, 2022, while playing outside near the transformer, located on Thole Street in Ngangelizwe — a mere 20m from their home.

On that fateful day, the child had ventured outside with friends for a playdate. Witnesses described horror unfolding moments later, as the mother was alerted to her child's ordeal. She rushed back to find her daughter lying unresponsive beneath the transformer, with visible burn wounds on her forearms and hands. The child required six weeks of hospital treatment, including a painful skin graft procedure.

The transformer, meant to convert high voltage electricity of 11,000 volts down to 400 volts for domestic use, was initially intended to be mounted overhead. However, its precarious placement close to the ground violated safety protocols and posed an unacceptable risk to the community. The mother testified in court that prior to the incident, community members had raised concerns about the transformer, warning the municipality of its dangers. However, these pleas went unanswered, leaving the transformer exposed and unguarded.

In court, neighbours corroborated the mother’s account. A local resident, Ntombifuthi Siphamla, recalled witnessing the child playing near the transformer before she heard a loud crack reminiscent of thunder. Upon finding the child lying motionless under the transformer, Siphamla promptly dragged her to safety but noted the child was silent and unresponsive.

The municipality’s defence claimed that a fence had been erected around the transformer years ago, suggesting a level of safety had been established. However, the court highlighted that even with the presence of a fence, the municipality's actions fell short of acceptable safety standards, and that the transformer’s hazardous positioning contributed directly to the child’s injuries.

While acknowledging that the mother bore some responsibility for failing to supervise her child adequately, the court concluded that this did not absolve the municipality of liability. The judge remarked that the mother’s lapses in supervision were not the sole cause of her child's injuries, thus determining that the municipality could not escape responsibility due to contributory negligence.

As a result of the ruling, the municipality has been held accountable, and the amount of damages payable will be assessed at a later date. This case has sparked discussions about public safety and the importance of municipal oversight, especially concerning high-risk installations in residential areas.