The Witzenberg Municipality came under fire this week for lax security measures at the popular Pine Forest Resort it manages in Ceres when the Western Cape High Court found it liable for the 2009 rape of a disabled teen (now 25) at the premises, notes a Weekend Argus report. The municipality denied negligence and pleaded that, in the event the court found that it was negligent, the girl’s parents should also be held partly responsible.

However, Acting Judge Michael Donen said it was in conflict with constitutional principles to attribute delictual liability to the adoptive parents because they allowed their daughter to exercise independence, freedom of movement and control over her body.

Their decision to allow her to play in the park alone was reasonable and justified. The central issue was security measures at the resort.

The judge found that despite warnings about security to the municipality, nothing was done to remedy the situation before the day of the rape, he said. The court found that ‘acts and omissions’ on the part of the municipality were the probable cause of the rape. It awarded the victim R750 000 for contumelia, pain, suffering and shock.

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