Halstead-Cleak v Eskom Holdings Ltd (26360/14) [2015] ZAGPPHC 632; 2016 (2) SA 141 (GP) (1 June 2015)

Halstead-Cleak v Eskom Holdings Ltd (26360/14) [2015] ZAGPPHC 632; 2016 (2) SA 141 (GP) (1 June 2015)

The court held that Eskom Holdings Limited is strictly liable under Section 61 of the Consumer Protection Act for the injuries sustained by the plaintiff. Electricity is classified as 'goods' under the Act, and Eskom, as producer and distributor, supplied unsafe goods by permitting a live power line to hang low over a public footpath. The Act's protection is not limited to contractual consumers but extends to any natural person harmed by unsafe goods. The defendant's bare denial of the applicability of the Act was insufficient, and no credible evidence was presented to rebut liability. The court found that the plaintiff need not be a consumer in the contractual sense to claim under...

Citation
[2015] ZAGPPHC 632
Parties
Plaintiff: Derek Anthony Halstead-Cleak; Defendant: Eskom Holdings Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 June 2015
Case Number
26360/14
Procedural Posture
Civil Trial / Liability Determination Under Section 61 of the Consumer Protection Act
Outcome
Defendant declared 100% liable for plaintiff's injuries under Section 61 of the Consumer Protection Act.
Judges
S A M Baqwa
Legal Topics
Strict Liability, Consumer Protection Act, Product Liability, Electricity as Goods
Delict Commercial and Corporate Strict Liability Consumer Protection Act Product Liability Electricity as Goods

Case Brief

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Parties

Derek Anthony Halstead-Cleak

Plaintiff

Eskom Holdings Limited

Defendant

Procedural Posture

Civil Trial / Liability Determination Under Section 61 of the Consumer Protection Act

Legal Issues

  1. 1 Whether Eskom Holdings Limited is strictly liable under Section 61 of the Consumer Protection Act for injuries sustained by the plaintiff due to contact with a live power line.
  2. 2 Whether electricity constitutes 'goods' for the purposes of the Consumer Protection Act.
  3. 3 Whether the plaintiff qualifies for protection under the Consumer Protection Act despite not being a contractual consumer.

Ratio Decidendi

The court held that Eskom Holdings Limited is strictly liable under Section 61 of the Consumer Protection Act for the injuries sustained by the plaintiff. Electricity is classified as 'goods' under the Act, and Eskom, as producer and distributor, supplied unsafe goods by permitting a live power line to hang low over a public footpath. The Act's protection is not limited to contractual consumers but extends to any natural person harmed by unsafe goods. The defendant's bare denial of the applicability of the Act was insufficient, and no credible evidence was presented to rebut liability. The court found that the plaintiff need not be a consumer in the contractual sense to claim under...

Court Disposition

Defendant declared 100% liable for plaintiff's injuries under Section 61 of the Consumer Protection Act.

Orders

  • The defendant is declared to be 100% liable to the plaintiff for injuries sustained on 11 August 2013 in terms of Section 61 of the Consumer Protection Act, No 68 of 2008.
  • The defendant is ordered to pay the reasonable taxable party and party costs of the plaintiff on the High Court scale, including the reasonable fees of senior counsel.