Mother off voter list, student denied domicile certificate, Calcutta High Court steps in

The Western Cape High Court ruled that property owner Moegamat Shadley Chilwan is liable for damages to eight-year-old Reece Jones following a serious accident. On August 25, the court found Chilwan responsible for the injuries sustained by Reece, a boy living with his mother at a residential property in Ruiterwacht, Cape Town. Reece was injured when a heavy sliding gate collapsed on him, causing severe head trauma, a fractured femur, and other injuries.

The court determined that Chilwan was at fault, citing his "wrongful and negligent conduct" as the cause of the incident. While the specific compensation amount has yet to be determined, the court ordered Chilwan to pay specified legal costs, including counsel’s costs on Scale C. The judgment emphasizes that property owners have a legal duty to take reasonable steps to ensure their premises are safe, even if they cannot eliminate all potential risks.

The case highlights the importance of installing adequate safety mechanisms, such as stops, guide rollers, or stabilising poles, to prevent gates from derailing and causing harm to individuals.