News Item
9 August 2002 - Cape Argus
After a six year fight for justice, a Cape Town single mother has secured a Cape High Court date to sue the owners of Somerset Mall for damages of R1.8m for her son who was injured when a heavy metal gate fell on him.
Shortly before Christmas 1996 former city councillor, Sumaya Taliep, took Faiz, then seven, shopping. As they were leaving the centre, a metal gate collapsed on the boy.
Faiz's skull was fractured in several places, his pelvis was fractured and he had multiple abrasions and bruises to his head, body and limbs.
The damages Taliep is claiming are for past medical and hospital expenses, for shock, pain and suffering, loss of amenities of life and permanent disability. He has memory problems and sometimes walks with a limp. Faiz has a reduced earning capacity because of neurological damage sustained in the incident.
"Faiz's well-being, future and interest is of paramount importance to me and I will fight to protect his rights at any cost," Taliep said yesterday.
"The incident and injuries that Faiz sustained and litigation instituted is emotionally traumatising and exasperating. In retrospect, my experience as a single parent in regard to this entire ordeal, the accident, consequent neurological injuries my son sustained and six and a half years of litigation fighting for the rights of my child is a prime example of the plight of women in our society today.".
Taliep is suing the owners of the Somerset Mall Centre, the AECI Pension Fund, SM Centre One (Pty) Ltd and SM Centre Two (Pty) Ltd on behalf of Faiz, now thirteen.
Taliep said: "I am very disappointed in the manner in which AECI Pension Fund and their insurers, Mutual & Federal, have handled this matter by prolonging the litigation process for six and a half years. Their law firm had six different attorneys dealing with the matter. I find this unfair and a major financial strain because the delay is at my expense. To date the litigation services and professional fees have cost me about R70 000.00, which appears to be abusive and exploitative.".
Taliep originally instituted a damages claim of about R464 000.00 against the owners of Somerset Mall but, with the passage of years and increasing medical and living costs, this amount has escalated to R1.8m.
Taliep's lawyers will argue that the mall owners failed to prevent the accident, when they could have done so by exercising reasonable care, and that they had a duty of care towards the public who they knew used the area.
The mall owners have denied liability for the accident and say that Colliers RMS Cape (Pty) Ltd was responsible for the management, maintenance and repair of the centre in terms of an agreement between them and Colliers.
The trial is due to start on 2 September 2002.
Sumaya Taliep's legal costs are underwritten by Legal Protection Services.