Eskom Holdings Ltd v Hendricks obo Hendricks

An 11-year-old boy, Jacques Hendricks, climbed an Eskom lattice pylon near his home and school. He was able to pass through Eskom’s anti-climbing device (ACD) by pushing slack barbed wire out of its grooves. After climbing to a cross-arm, he became fascinated by glass insulators and attempted to touch them. He came within close proximity of a 66 000-volt power line, resulting in a flash-over electric shock that caused him to fall and suffer severe burns and injuries. His father sued Eskom for damages, alleging negligence in failing to adequately prevent access to the pylon.

Eskom’s appeal was dismissed. The cross-appeal succeeded. Eskom was held fully liable for any damages suffered by the minor child, with no apportionment for contributory negligence. Eskom was ordered to pay the plaintiff’s costs, including the costs of two counsel.

The case is significant for clarifying the duties of electricity undertakers to adequately protect the public from dangerous infrastructure and for reinforcing the statutory presumption of negligence under the Electricity Act. It is also an important authority on delictual capacity of children, emphasizing impulsive behavior as a key factor and cautioning against readily attributing contributory negligence to minors.