I am writing with regard to the council’s response to the fallen tree on Webb Street, published on page 10 of a recent BCT issue.
Send your letters to bctletters@caxton.co.za
The spokesperson’s comment that there won’t be compensation for the owner because it was a “natural disaster that occurred” has only ignorance of the law to recommend it.
We pay rates and taxes to have these trees maintained; we are not allowed to maintain them ourselves.
If someone has a duty to maintain these trees and fails in said duty and someone is hurt or sustains structural damage, then the council is liable in both a professional and personal sense i.e. the tax-payer could sue the boots off them.
If someone were to be killed by one of these non-maintained trees falling, a case of criminal negligence and/or culpable homicide would be brought against those failing in their duty.
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