Rustenburg mineworker Ntobeka Vakele was home to celebrate Christmas with his family in Libode when he was electrocuted by a live electricity cable dangling in the road.
The company is now being sued for R33.5-million by Vakele’s widow, Thembisa, on behalf of herself and the couple’s three minor children.
They are claiming that Eskom employees had failed to secure the cable and prevent local residents from coming into contact with it.
Vakele, 39, was killed shortly before Christmas 2012 when he was a passenger in a vehicle driving along the road.
Eskom is defending the claim and argued in the Mthatha High Court last week that Vakele was electrocuted when he negligently and recklessly came close to the electricity cable and tried to remove it from the road.
It denied any negligence on the part of its employees led to the incident but added that if the court found they had been negligent, the utility would be “joint wrongdoers” with Vakele, and the damages due should be appropriately apportioned.
Although the court heard argument only on the merits of the case, with the amount of damages to be determined later should the court decide in favour of the dead miner’s family, Thembisa has claimed R10-million in loss of support for herself and R18-million for the three children.
In addition, she is claiming R3-million for her future medical expenses and R2.5-million for the emotional shock and psychological trauma she suffered.
The amount claimed is based on Vakele’s monthly net salary of R8320 as a machine operator at Rustenburg Platinum Mine.
While the initial claim in the court summons did not take account of Vakele’s salary increases had he continued to work for 27 years until he retired at 65, Thembisa’s lawyers said her husband was “a suitable candidate for promotions” from his “lightweight” position.
Judge Buyiswa Majiki reserved judgment on the merits.
Widow sues Eskom for R33.5m
The company is now being sued for R33.5-million by Vakele’s widow, Thembisa, on behalf of herself and the couple’s three minor children.
They are claiming that Eskom employees had failed to secure the cable and prevent local residents from coming into contact with it.
Vakele, 39, was killed shortly before Christmas 2012 when he was a passenger in a vehicle driving along the road.
Eskom is defending the claim and argued in the Mthatha High Court last week that Vakele was electrocuted when he negligently and recklessly came close to the electricity cable and tried to remove it from the road.
It denied any negligence on the part of its employees led to the incident but added that if the court found they had been negligent, the utility would be “joint wrongdoers” with Vakele, and the damages due should be appropriately apportioned.
Although the court heard argument only on the merits of the case, with the amount of damages to be determined later should the court decide in favour of the dead miner’s family, Thembisa has claimed R10-million in loss of support for herself and R18-million for the three children.
In addition, she is claiming R3-million for her future medical expenses and R2.5-million for the emotional shock and psychological trauma she suffered.
The amount claimed is based on Vakele’s monthly net salary of R8320 as a machine operator at Rustenburg Platinum Mine.
While the initial claim in the court summons did not take account of Vakele’s salary increases had he continued to work for 27 years until he retired at 65, Thembisa’s lawyers said her husband was “a suitable candidate for promotions” from his “lightweight” position.
Judge Buyiswa Majiki reserved judgment on the merits.
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