Anderson Shipping (Pty) Ltd v Polysius (Pty) Ltd (285/93) [1995] ZASCA 38; 1995 (3) SA 42 (AD); [1995] 2 All SA 463 (A) (30 March 1995)

Anderson Shipping (Pty) Ltd v Polysius (Pty) Ltd (285/93) [1995] ZASCA 38; 1995 (3) SA 42 (AD); [1995] 2 All SA 463 (A) (30 March 1995)

The Supreme Court of Appeal held that the Praetor's Edict, which imposes absolute liability on certain custodians, was never extended to public carriers by land under Roman or Roman-Dutch law. South African law, following Roman-Dutch principles, does not apply the Edict to land carriers. Liability for public carriers by land is based on dolus and culpa levis, not on the strict liability of the Edict. Previous South African decisions that assumed the Edict's extension to land carriers were either obiter or not based on thorough investigation of Roman-Dutch law. The exception to Anderson's special plea was therefore incorrectly upheld, and the appeal succeeds.

Citation
[1995] ZASCA 38
Parties
Appellant: Anderson Shipping (Pty) Ltd; Respondent: Polysius (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 March 1995
Case Number
285/93
Procedural Posture
Civil Appeal / Appeal From Witwatersrand Local Division; Exception to Special Plea
Outcome
Appeal upheld; exception to special plea dismissed.
Judges
Joubert, E.M. Grosskopf, Eksteen, Nicholas, Olivier
Legal Topics
Public Carrier Liability, Praetors Edict, Roman Dutch Law, Exception to Plea, Absolute Liability
Commercial and Corporate Civil Procedure Public Carrier Liability Praetors Edict Roman Dutch Law Exception to Plea Absolute Liability

Case Brief

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Parties

Anderson Shipping (Pty) Ltd

Appellant

Polysius (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Witwatersrand Local Division; Exception to Special Plea

Legal Issues

  1. 1 Whether the Praetor's Edict applies to public carriers by land in South African law.
  2. 2 Whether the exception to Anderson's special plea was correctly upheld by the court a quo.
  3. 3 What is the correct basis of liability for public carriers by land under Roman-Dutch law.

Ratio Decidendi

The Supreme Court of Appeal held that the Praetor's Edict, which imposes absolute liability on certain custodians, was never extended to public carriers by land under Roman or Roman-Dutch law. South African law, following Roman-Dutch principles, does not apply the Edict to land carriers. Liability for public carriers by land is based on dolus and culpa levis, not on the strict liability of the Edict. Previous South African decisions that assumed the Edict's extension to land carriers were either obiter or not based on thorough investigation of Roman-Dutch law. The exception to Anderson's special plea was therefore incorrectly upheld, and the appeal succeeds.

Court Disposition

Appeal upheld; exception to special plea dismissed.

Orders

  • The appeal succeeds with costs of two counsel.
  • The order of the court a quo is substituted with: 'The Plaintiff's exception to the defendant's special plea is dismissed with costs.'