The Polokwane High Court rules that the municipality is liable for damages caused by a fallen tree branch. In its judgment, the court rejects the municipality’s attempt to avoid responsibility by relying on an “act of God” defence. The decision focuses on the municipality’s duty to maintain and manage public trees and to take reasonable steps to prevent harm to members of the public.
The court’s finding results in full liability being assigned to the municipality, indicating that the circumstances of the incident do not meet the threshold required for an “act of God” exemption. The ruling underscores that where municipal authorities have responsibility for public trees, they must ensure they are properly maintained and assessed for risk.
The judgment therefore establishes that negligence in upkeep and risk management, rather than uncontrollable natural events, is the determining factor in this case.
