SANParks responds to court ruling on toddler's death from leopard attack in the Kruger National Park
SANParks said they are studying the court's ruling after a father whose child was mauled by a leopard at the Kruger National Park, can now continue with his damages claim against the park after a court turned down a preliminary point raised by the park that it cannot be sued.
Image: File
South African National Parks (SANParks) said it is studying the Mpumalanga High Court’s ruling related to an incident in 2019 when a 30-month-old toddler died following an attack by a leopard at Malelane quarters, in the Kruger National Park.
We are studying the judgment for a more in-depth understanding of the findings as set out by Acting Judge Zodwa Gumede,” the park said in a statement.
The court recently gave the parents of the child the greenlight to continue with its damages claim against SANParks. This is after the lawyer for SANParks raised a special plea in terms of the Compensation for Occupational Injuries and Diseases Act (COIDA).
According to SANParks, the leopard attack constituted an occupational injury as the father was obliged to live in the park and he knew about the risk of dangerous animals around. The court, however, dismissed this plea, leaving the way open for the family to continue with their claim against SANParks.
Shortly after the incident, the father explained that the leopard climbed over a tree next to the fence and jumped into the quarters’ yard around 8 that night.
“I was walking to my cottage, and he followed me. I didn’t notice that he was behind me because I left him playing with his mother’s phone. Just when I got to my cottage and closed the door behind me, I heard screams coming from outside,” the father said shortly after the incident.
He explained how he rushed out to see what the commotion was about when he found his toddler hanging from the leopard’s jaws. He said the leopard attempted to drag the child with it over the fence, but it failed and dropped the bleeding child and disappeared into the bushes.
The family rushed him to Shongwe Hospital, but when they arrived, he was already dead.
SANParks, in their statement, explained that at the time of the incident, rangers went out on a search for the leopard, which resulted in two leopards in the immediate vicinity of the scene getting destroyed.
The parents, who are only identified by their initials in the judgment, sued the park for damages made up of funeral expenses, pain and suffering (psychological scarring), as a result of the death of their child.
While SANParks argued that the father was aware that dangerous wild animals roamed around, Judge Gumede said it cannot be said that this incident was foreseeable.
“If the person that was attacked and killed by the animal was a visitor and not the child of the first plaintiff, would the defendant escape liability? In my view, the answer is a resounding no,” the judge said.
She found that COIDA was not applicable in this case.
Pretoria based law firm Danel Campbell Attorneys, said the judgment has important implications for South African labour and occupational injury law. It makes clear that COIDA does not automatically apply to every incident that takes place on an employer’s premises.
“For COIDA to apply, the accident must be sufficiently connected to the duties of employment. In this case, the death of the child was linked to the family’s residence in the Park, but it was not linked to the father’s actual work duties.”
Campbell added that the ruling is a reminder to employers, particularly those operating in hazardous environments such as SANParks, that they cannot rely solely on COIDA to shield themselves from liability.
zelda.venter@inl.co.za