DFFE faces piling lawsuits amounting to R100k
A TOURIST from Israel who was on holiday in the city in 2019, is suing the Department of Forestry, Fisheries and the Environment (DFFE) for over R3 million after a rock crushed her foot while hiking on Lions’ Head.
This is among the 24 legal claims facing the DFFE with a value greater than R100 000, as revealed in a recent response to a parliamentary question from Inkatha Freedom Party (IFP) chief whip Narend Singh.
In another claim, a man is suing the department for more than R800 000 after a leopard allegedly attacked him and his livestock after it escaped from a national park. DFFE said one claim had recently been settled and the others were being defended.
Twenty-five-year-old Israeli tourist Noga Nahum who in March 2019 was hiking together with a group of tourists down from the top of Lion’s Head, made use of the official designated pathway, when a rock allegedly plummeted down from above and crushed her foot.
Her lawyers argue that the department was responsible for the maintenance, management and up-keep of Table Mountain National Park (TMNP), which included Lion’s Head.
“On January 7, 2019, TMNP closed Lion’s Head and its designated pathways to members of the public and commenced certain scheduled maintenance and rehabilitation work...The work was however delayed by a wildfire,” court documents state.
The “spiral trail” which was used by Nahum on the day of the incident, subsequent to its reopening, “raised serious safety concerns to members of the public as the works had been completed in a sub-standard manner, and were unsuitable and unsafe for use by members of the public,” her legal team argues. The claim involves trauma, permanent disfigurement and disability, medical and travel expenses and both a past and future loss of income, among others.
Nahum’s lawyer, Jonathan Cohen said: “The defendant (DFFE) is yet to plead, so it is unclear what their defence will be.”
The DFFE said they were of the view that there is a misjoinder and instructed the State Attorney to defend the matter and to file a special plea.
In another claim, DFFE is being sued for R818 000 in damages after a leopard allegedly attacked Lindile Mbilana, leaving him with injuries to his left eye, chin, his armpit and his left hand, and killing his livestock after it escaped from a National Park.
“On or about October 8, 2017 at Peddie, the Plaintiff was savagely attacked by a leopard which had escaped from a government national park for which the Defendant is responsible in Peddie,” court documents state. In addition to the attack, the leopard allegedly killed Mbilana’s livestock over a period of days, including 16 goats, two calves and one cow.
“The Defendant (DFFE) was negligent in its duty of care towards the surrounding communities and the Plaintiff in failing to keep proper care of the leopard and other dangerous wild animals in its national park so they may not injure or kill innocent people or their livestock,” the summons stated.
Mbilana’s lawyer, Asanda Mgangatho said: “We confirm a case is ongoing in Grahamstown High Court and is defended by the Office of the State Attorney.”
In its plea, DFFE said a summons was served more than three years after the date on which the claim arose.
The department also said it was not the competent authority, hence it instructed the State attorney to defend the matter.