In delictual claims against municipalities arising from an alleged failure to undertake proper maintenance within their area of jurisdiction, maintenance and inspection records often play a central role in determining liability. This was illustrated in the recent decision of Kgadi v Polokwane Local Municipality (1545/2020) [2026] ZALMPPHC.
In that matter, the plaintiff, the owner of a Toyota Quantum, sued the Polokwane Local Municipality (the Municipality) for damage to his vehicle after a tree fell on it while it was parked on a public street. The plaintiff alleged that the damage resulted from the Municipality's negligent failure to inspect, maintain, prune and/or remove trees within its area of jurisdiction that posed a danger to members of the public and their property. The Municipality relied on the defence of vis major (superior force or act of God), contending that the damage was caused by a severe thunderstorm.
The evidence before the court established that the Municipality had previously inspected the trees in the relevant area and that its own inspection records identified the need for pruning. However, there was no evidence that the required pruning had been carried out before the incident occurred. The court further found that the thunderstorm occurred after the damage had already been sustained.
The court acknowledged that municipalities do not owe a duty to guarantee absolute safety. However, because the Municipality's own inspection records identified the need for pruning and no action had been taken before the incident occurred, the court held the Municipality liable for the plaintiff's damages.
This judgment serves as a useful reminder that, once a maintenance requirement has been identified, reasonable steps must be taken to address it. An inspection is only the first step. The practical lesson for municipal risk management is that every inspection finding should trigger a documented close-out process recording the steps taken to address the identified maintenance requirement. A failure to take those steps, or to take steps that are reasonable in the circumstances, may expose a municipality to liability. What constitutes reasonable steps will depend on the facts of each case.
