A Johannesburg manhole injury claim will proceed after the Gauteng High Court blocked the City of Johannesburg’s attempt to halt the case on a procedural technicality. The ruling keeps alive a damages claim by Motlolisi Rosinah, who says she was injured after falling into an open manhole in Jeppestown on 17 November 2022.

The decision also renews scrutiny on the city’s duty to keep public infrastructure safe. According to the supplied source, the court found it would be unjust to end the case over a late filing where the City could show no real prejudice.

Court allows damages case to continue

The claim centres on whether the City, or its employees or agents, failed to maintain infrastructure under its control. Rosinah alleges that failure led to her injuries when she fell into an open manhole in Jeppestown.

According to reports, the City argued that a key document was filed 402 days late and should be removed because the plaintiff had already been barred under court rules. However, the court accepted the filing was procedurally flawed but still granted condonation, saying the interests of justice favoured allowing the matter to continue.

The ruling noted that refusing condonation could effectively end the claim. It also found the late filing did not introduce new issues, meaning the City would suffer no real prejudice if the case moved forward.

Infrastructure safety remains a public concern

This claim lands against a longer-running problem in the city. In August 2017, then mayor Herman Mashaba launched a citywide project to replace stolen manhole covers, saying open manholes posed a danger to residents and road users.

The city has also linked missing covers to theft and vandalism. In November 2019, it said infrastructure theft and vandalism cost Johannesburg more than R50 million a year and harmed service delivery while placing residents at risk.

Those official statements add context to Rosinah’s claim, although they do not determine liability in her case. The legal question in court remains whether the City breached a duty of care in the specific circumstances of the Jeppestown incident.

Responses and next steps

The supplied source says the City argued that its duty of care depends on factors such as notice of defects, repair priorities and available resources. The court nevertheless dismissed the application to strike out the filing, with costs to be decided in the main action.

Johannesburg residents can report faults through the City of Johannesburg’s official problem-reporting portal, which the municipality says is intended for service and infrastructure complaints.