Nozukile Mlonyeni v Eskom Holdings SOC Limited

The plaintiff, Ms Nozukile Mlonyeni, instituted a delictual claim against Eskom Holdings SOC Limited for damages amounting to R1 500 000, arising from a fire that destroyed her rural home and a rondavel. She alleged that the fire originated from the bursting of an electric meter box inside her house, which caused an uncontrollable fire. The plaintiff attributed the incident to Eskom’s negligence, including inadequate maintenance, failure to display warning signs, failure to respond to emergency faults, and failure to install safety mechanisms. Eskom denied negligence and disputed the cause of the fire. Evidence showed that the cause of the fire was unknown, no one witnessed its ignition, and technical reports did not establish a fault in the meter box or cables.

The plaintiff’s claim was dismissed, and each party was ordered to pay its own costs.

The case illustrates the practical application and limits of the statutory presumption of negligence under section 25 of the Electrical Regulation Act. It confirms that Eskom and other licensees can rebut the presumption by presenting credible technical evidence and that plaintiffs must still prove causation and negligence on a balance of probabilities.