The family of the deceased 43 years old Moses Tariro Malekano of Mutendere east in Lusaka who died after being electrocuted by a ZESCO line have sued the power utility company for refusing to compensate the family on grounds that the utility company failed to protect and keep residents safe and away from danger.
It is alleged that the deceased was electrocuted on 3rd February 2022 at ZESCO’s sub-station at Mutendere east whilst carrying his 5 year old son. According to court papers, it was alleged that the deceased without fair warning came into physical contact with electricity when he accidentally touched a live wire (or conductor) on or around the wooden pole as he tried to pass on the safer side of the road to avoid a paddle of rain water which had collected in the middle of the road.
It is purported that mounted on the wooden poles were ZESCO live electricity conductors insulated, which resulted in the electrocution and death of the deceased thereafter.
It is believed that the electrocution and death of the deceased was caused by the negligence of ZESCO and its agents who failed to adequately secure its conductor or related equipment which it had fixed on the wooden pole thereby exposing residents to livewire.
According to the statement of claim obtained by the Zambian Business Times-ZBT, submitted in the high court for Zambia by the surviving Uncle Rodrick Malekano who is the duly appointed administrator of his estate pursuant to an order by the Boma Court at Lusaka on 3rd June, 2022, the deceased made a monthly income of about k9, 235-00 carrying on his business from Lusaka to Rufunsa and was able to support his wife Gladys Nyenvuka and his six children.
The deceased resided at house No. 214/10 Mutendere East, earning a livelihood for himself and his family as a farmer, businessman and musician.
The document states that the relevant substation was positioned in a densely populated area, yet ZESCO left it unattended, without fencing it in and without placing any warning on around it to alert residents of the dangers it posed.
It said ZESCO had also the duty of care to ensure that residents were protected and kept safe from danger and not exposed thereto ZESCO breached that duty.
At the material time omitted or failed to use all reasonable known means to properly or at all to secure and keep harmless its electricity conductors or related parts of the substation at the said point thereby resulting in the death of the deceased and injury to his 5 year old son.
According to the post mortem report issued by the state forensic pathologist dated 27th May, 202, the cause of the death of the deceased was electrocution.
Particulars of the damage by reason of the aforementioned matters, the family to the deceased has suffered damage and claims
The sum of k34, 433-91 for funeral expenses (being k35, 823 less k1, 390 value of goods donated by ZESCO during the funeral. The sum of k6, 000-00 for pain and suffering suffered within hour’s duration. Sum of k25, 000-00 for loss of expectation of life. K2, 881,320-00 for loss of dependency (on multiplier of 26 years in employment per current United Nations life expectance for Zambia.
The sum of loss of k499, 200-00 dependency (housing) at k1, 600 per month from March 2022 to March 2048. Medical expenses incurred towards the treatment of infant amounting to k3, 410-00. The family through their advocates wrote a formal letter of demand to ZESCO on 5th April 2022.
