MEC for Education and Another v Zwane (A5026/2015) [2016] ZAGPJHC 326 (25 November 2016)

MEC for Education and Another v Zwane (A5026/2015) [2016] ZAGPJHC 326 (25 November 2016)

The court held that the respondent failed to establish that the appellants owed her a legal duty to issue the letter to the auctioneer. The conduct of the appellants' employees in agreeing to issue the letter was a courtesy and did not give rise to a legal obligation. There was no evidence of wrongfulness or breach of duty, nor was there any admissible evidence to support causation between the failure to send the letter and the sale of the respondent's property. The respondent's loss was a consequence of her own financial dealings with the bank, and the sale in execution was a result of the bank's foreclosure, not the appellants' actions. Accordingly, the elements required for liability...

Citation
[2016] ZAGPJHC 326
Parties
Appellant: MEC for Education; Appellant: Minister of Education; Respondent: Saraphina Fikile Zwane
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
25 November 2016
Case Number
A5026/2015
Procedural Posture
Civil Appeal / Appeal Against Judgment of Francis J; Leave Granted
Outcome
Appeal upheld; respondent's claim dismissed with costs.
Judges
Kathree-Setiloane, Wepener, Mashile
Legal Topics
Pure Economic Loss, Wrongfulness, Causation, Duty of Care, Lex Aquilia
Delict Civil Procedure Pure Economic Loss Wrongfulness Causation Duty of Care Lex Aquilia

Case Brief

Summary, issues, holding and outcome

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Parties

MEC for Education

Appellant

Minister of Education

Appellant

Saraphina Fikile Zwane

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment of Francis J; Leave Granted

Legal Issues

  1. 1 Whether the appellants owed the respondent a legal duty to issue a letter to the auctioneer regarding arrear salary.
  2. 2 Whether the failure to issue the letter timeously constituted a wrongful omission giving rise to liability for pure economic loss.
  3. 3 Whether causation between the omission and the loss suffered was established.

Ratio Decidendi

The court held that the respondent failed to establish that the appellants owed her a legal duty to issue the letter to the auctioneer. The conduct of the appellants' employees in agreeing to issue the letter was a courtesy and did not give rise to a legal obligation. There was no evidence of wrongfulness or breach of duty, nor was there any admissible evidence to support causation between the failure to send the letter and the sale of the respondent's property. The respondent's loss was a consequence of her own financial dealings with the bank, and the sale in execution was a result of the bank's foreclosure, not the appellants' actions. Accordingly, the elements required for liability...

Court Disposition

Appeal upheld; respondent's claim dismissed with costs.

Orders

  • The order of the court a quo is set aside.
  • The plaintiff's claim is dismissed with costs.