State sued for pigeon plague

Pigeons are seen here at the Mdantsane Magistrate's Court building Picture: SINO MAJANGAZA
Pigeons are seen here at the Mdantsane Magistrate's Court building Picture: SINO MAJANGAZA
The wife of a Mdantsane magistrate who died last year after reacting to dust, droppings and feathers caused by pigeons in court is suing the Minister of Justice and Constitutional Development for his death.

Amalinda resident Nompumelelo Sawuti, 44, is suing the department for a little over R2-million for loss of support as a result of the death of her husband, magistrate Council Sawuti, 59.

Sawuti died last August and in court papers filed in December the cause of death was said to be “hypersensitivity pneumonitis secondary to exposure to pigeons”.

Sawuti worked as a magistrate at the Mdantsane Magistrate’s Court, which was battling a feral pigeon infestation.

The illness affects the lungs and is caused by inhaling organic dust.

Wikipedia reports that sufferers are commonly exposed to the dust due to their occupations or hobbies.

Summons were issued to the office of the minister in November last year by East London law firm Drake Flemmer and Orsmond.

Last week the office of the state attorney in Pretoria responded to the summons saying the matter had been referred to the state attorney’s office in East London.

The minister is being sued in his capacity as the employer of magistrates.

He is accused of failing to provide a safe working environment.

Drake Flemmer and Orsmond attorney Bongani Qangule told the Daily Dispatch yesterday he would know in 10 days’ time if the state had decided to defend the claim or offer to settle out of court.

In 2013 the late magistrate told the Dispatch he was booked off sick from work on June 11 after reacting to the dust, droppings and feathers caused by pigeons.

“I was diagnosed with a lot of infections due to the problem,” Sawuti said at the time.

“My kidneys, heart and lungs were affected. I almost died from that.”

Exactly a year later Sawuti died.

The Dispatch is in possession of a 25-page report compiled by Vuwa Holdings, a company hired by the department to assess the effects of bird droppings and feathers on the health and safety of employees and users of the court.

The assessment, conducted at the peak of the problem in October 2013, found Sawuti was the most affected of all employees and had resorted to conducting his day-to-day court duties in his car, going to court only to preside over cases and leaving for home immediately after.

The report further stated that Sawuti had been ordered to return to work despite his doctor instructing him to stay away from the court building until the pigeon problem was sorted out.

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