A retired civil engineer has been awarded more than R2.8 million after a KZN SAPS stairway fall left him with serious wrist injuries and reduced his ability to earn income from restoring vintage machinery.

The KwaZulu-Natal High Court ordered compensation for Leslie Charles Maker after the Minister of Safety and Security conceded full liability for the 2016 incident at the SAPS Stolen Vehicle Pound in Mkondeni, Pietermaritzburg.

Court awards damages after KZN SAPS stairway fall

Judge Pieter Bezuidenhout awarded Maker total compensation of R2,881,394.59 after finding that his injuries caused both physical harm and financial loss. The award included R2,133,365.55 for past and future loss of earnings, R189,499.35 for future medical expenses, R58,521.69 for past medical costs and R500,000 in general damages.

The court heard that Maker visited the SAPS Stolen Vehicle Pound in November 2016 and was told to use an uncovered outdoor stairway. While climbing the stairs, he lost his balance and fell. The stairway had no handrails.

Maker suffered a severe fracture and dislocation of his left wrist, which later failed to heal properly. He also sustained a head injury. Medical evidence showed that he continued to suffer pain, stiffness and limited movement, especially in cold weather.

Injury reduced vintage machinery income

Before the KZN SAPS stairway fall, Maker had recently retired from civil engineering and earned money by restoring vintage farming machinery. He told the court he made an average monthly profit of about R23,000 before the accident.

After the injury, he could no longer perform heavy restoration work on his own. He hired an assistant and said his monthly profit dropped to about R6,000. The court accepted that the work generated real income, even though he kept limited records and had not declared the income to SARS.

The defence argued that the work was only a hobby and that the lack of detailed financial records made the income claim hard to verify. However, the judge found Maker and the industrial psychologist credible and accepted that the loss had been proved on a balance of probabilities.

Earlier claim linked to same SAPS stairway

The matter had been before the Pietermaritzburg High Court as early as June 2019, when The Witness reported that Maker was claiming R1.6 million after falling on stairs without railings at the Mkondeni SAPS vehicle pound. That report said Maker alleged the ministers failed to ensure the stairway had handrails for public use.

The final award is higher than the amount reported in 2019 because the court later assessed the full loss of earnings, medical costs and general damages. The court ordered that the money be paid into Maker’s attorneys’ trust account in one instalment, with interest if payment is not made within 30 days.