The City of Harare is facing a significant civil liability claim following the death of a minor in an unsecured sewage excavation, with legal representatives for the victim’s estate arguing that municipal inaction constituted a “grave and prolonged disregard for public safety”.
According to the claimant, Mr. Itai Munda, is seeking US$150,000 in damages for the loss of his daughter, Talita Munda. The lawyers, Maseko Law Chambers, contend that the City of Harare is vicariously liable for the actions of its employees, who left a five-meter-deep excavation in Budiriro 3 exposed for several months.
The case is distinct from, but running parallel to, ongoing criminal proceedings. Three municipal employees are currently defending charges of culpable homicide related to the same site. During bail proceedings, the court took a stern view of the city’s maintenance record, with the presiding magistrate highlighting that the conduct in question resulted in the loss of human life and demonstrated serious negligence.
The demand for compensation is comprehensive, covering psychiatric injury, conscious pain and suffering, and the constitutional infringement of the right to life. Lead counsel for the negotiations, Advocate Wilbert Mandinde, has been briefed to engage the city, with the claimants setting a 14-day window for a response to their demand.
Would you like me to elaborate on the specific legal grounds for the damages listed in the demand letter, or shall we focus on the potential response from the City of Harare?
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