Administrator, Transvaal v Brydon (188/1992) [1993] ZASCA 35; 1993 (3) SA 1 (AD); (22 March 1993)

Administrator, Transvaal v Brydon (188/1992) [1993] ZASCA 35; 1993 (3) SA 1 (AD); (22 March 1993)

The majority held that section 96 of the Transvaal Roads Ordinance 22 of 1957 was ultra vires the powers conferred upon provincial councils by section 84 of the Republic of South Africa Constitution Act 32 of 1961. The court found that the exclusion of liability for damages sustained in the use of the roadside was not reasonably ancillary to the express power to legislate on roads and was not sufficiently closely connected to that power. The provincial council could have legislated fully and effectively on roads without excluding liability for negligent acts or omissions by its officers or employees. The majority also noted that section 96 did not distinguish between negligent and...

Citation
[1993] ZASCA 35
Parties
Appellant: Administrator of Transvaal; Respondent: M D Brydon
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
22 March 1993
Case Number
188/1992
Procedural Posture
Civil Appeal / Appeal From Witwatersrand Local Division
Outcome
Appeal dismissed with costs.
Judges
Van Heerden, Vivier, Kumleben, Nicholas, Van Coller
Legal Topics
Ultra Vires, Provincial Legislative Powers, Limitation of Liability, Roads Ordinance, State Liability
Delict Civil Procedure Ultra Vires Provincial Legislative Powers Limitation of Liability Roads Ordinance State Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Administrator of Transvaal

Appellant

M D Brydon

Respondent

Procedural Posture

Civil Appeal / Appeal From Witwatersrand Local Division

Legal Issues

  1. 1 Whether section 96 of the Transvaal Roads Ordinance 22 of 1957 is ultra vires the powers conferred upon provincial councils by section 84 of the Republic of South Africa Constitution Act 32 of 1961.
  2. 2 Whether section 96 conflicts with section 1 of the State Liability Act 20 of 1957.
  3. 3 Whether section 96 impermissibly ousts the jurisdiction of the courts.

Ratio Decidendi

The majority held that section 96 of the Transvaal Roads Ordinance 22 of 1957 was ultra vires the powers conferred upon provincial councils by section 84 of the Republic of South Africa Constitution Act 32 of 1961. The court found that the exclusion of liability for damages sustained in the use of the roadside was not reasonably ancillary to the express power to legislate on roads and was not sufficiently closely connected to that power. The provincial council could have legislated fully and effectively on roads without excluding liability for negligent acts or omissions by its officers or employees. The majority also noted that section 96 did not distinguish between negligent and...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.