Actor Bongani Gumede Sues Pick n Pay for R1 Million After Alleged Trolley Trip
Johannesburg – Former Isibaya actor Bongani Gumede is embroiled in a legal battle with retail giant Pick n Pay, seeking R1 million in damages after allegedly tripping over an unmarked trolley at the chain’s Steeledale store in Johannesburg. The incident, which occurred in August of last year, has resulted in Gumede claiming serious injuries and significant financial losses.
Gumede lodged an initial application at the Johannesburg High Court in November 2024, citing negligence on the part of the store for failing to remove the trolley from the floor or warn customers of the potential hazard. He alleges the trolley was used for moving stock from storage rooms to the shop floor and that the store ought to have put up warning signs.
In his claim, Gumede states that he brought the incident to the attention of the store manager immediately after it occurred. “After the injuries, the store manager was called to investigate the incident and compile a store injury report," the claim reads. "According to clause 4.10 of the report, the store confirmed that the incident was captured by its CCTV camera, and both the store and Gumede agreed on this.”
The lawsuit seeks compensation for a range of damages, including R200,000 for pain and suffering, R200,000 for emotional trauma, R350,000 for loss of income, R100,000 for loss of dignity, and R150,000 for past and future medical expenses. Gumede claims the resulting injuries have cost him more than R350,000 in lost income.
“Being an actor and public figure, I suffered loss in that I was unable to audition, as the constant pain made me unable to perform scenes that involve running, fighting and carrying weapons,” read the claim. He also states in the claim that when the incident took place, he brought it to the attention of the store manager. Although the document does not outline the nature of the alleged injuries, he states that the incident further caused him emotional trauma and embarrassment.
“Pick n Pay is liable or vicariously liable to compensate me for the injuries I suffered," Gumede’s claim reads. "I was contacted by a company known as Mash, apparently the insurer of Pick n Pay, and offered R8 650 after a medical bill was submitted.”
Gumede further claims that despite complying with the insurer’s requests, which included providing a power of attorney and photographs of the shoes he was wearing at the time of the incident, the insurer refused to approve the claim or provide a statement. “Despite complying with the insurer’s requests, which included a power of attorney and photographs of the shoes I was wearing, the insurer refused to approve the claim and revert with a statement,” read the claim.
After Gumede served court papers, Pick n Pay's lawyers lodged a condonation application, enabling the entity to file answering papers in April. According to Pick n Pay’s condonation papers, their legal representative, Sulaiman Adam, denies that the entity had deliberately delayed the matter by not submitting the answering papers within the six-day deadline. Adam further states that Pick n Pay denies the allegations contained in Gumede’s papers, citing that the arguments will be submitted on trial day.
The dispute is set to be allocated a trial date at the Johannesburg High Court. The actor turned to the courts after communication with the retailer allegedly broke down.
Gumede’s lawyer, Lucky Moenyane, refused to comment on the matter and threatened legal action against the publication if the story was published. “As your office will appreciate that this is a private matter, our client has instructed that he has no intentions of having the matter published in any media platform,” read the statement.
Pick n Pay failed to respond to emails sent to their legal team.
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