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Nature reserve must pay for visitor's death fall

3 Jun 2015

The Supreme Court of Appeal has found a Western Cape nature reserve liable for the accidental death of a visitor on its property, ordering it to compensate the dead man's family.

Nature reserve must pay for visitor's death fall

Cape Town architect Pier Alberto Za was the third person to have died since 2007 on the same cliff at Conical Peak, in the Matroosberg Private Nature Reserve near Ceres. He died in June 2009 after he fell 150m into a gorge when he slipped on snow and slid over the edge.

His widow, Frederica, turned to the appeal court to review a decision by the Western Cape High Court that dismissed her claim against the nature reserve for her husband's death.

According to court documents, Za and his friend Benjamin Moggee went up to Conical Peak in June 2009 to view Groothoek Kloof canyon after it had snowed.

The court heard that the reserve had no protective barriers on the cliff edge or signs warning visitors that snow could make the surface slippery.

Rick de Decker, an expert witness in Za's case, described the conditions near Conical Peak as objectively dangerous.

"By that he meant there was real and imminent danger, which was unlikely to be recognised by those who have no experience of these conditions," said Judge Frederik Brand.

"But for the respondents' wrongful and negligent failure to take reasonable steps, the harm that befell the deceased would not have occurred."

Frederica's attorney, Christo Potgieter, said they would apply for a new trial date to establish how much the reserve would have to pay in compensation.

The nature reserve's Didi de Kock would not answer questions about whether any safety features had been erected on the peak since the accident.

Attorneys West and Rossouw, who represented the reserve and the owner of the farm it is on, could not be reached for comment.

Za was not the only visitor to die at the same spot.

In 2007, Andrew Johns plummeted to his death from Conical Peak, according to news reports. And in 2010, Elaine Abrahams slipped and fell to her death.

Source: The Times

Source: I-Net Bridge

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