Municipality of Cape Town v Bakkerud (311/97) [2000] ZASCA 174; [2000] 3 All SA 171 (A) (29 May 2000)

Municipality of Cape Town v Bakkerud (311/97) [2000] ZASCA 174; [2000] 3 All SA 171 (A) (29 May 2000)

The Supreme Court of Appeal held that the earlier 'municipality cases' granting general immunity from delictual liability for omissions are no longer authoritative in light of subsequent developments in the law of omissions. The test is now whether the legal convictions of the community demand that the omission be...

Source-derived case information.

Citation
[2000] ZASCA 174
Parties
Appellant: Municipality of Cape Town; Respondent: Gladys Marjorie Bakkerud
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 May 2000
Case Number
311/97
Procedural Posture
Civil Appeal / Appeal From Full Bench of Cape Provincial Division
Outcome
Appeal dismissed. No order as to costs in this court or in respect of the application for leave to appeal.
Judges
Hefer, Marais, Schutz, Streicher, Mpati
Legal Topics
Municipal Liability for Omissions, Duty to Repair Pavements, Contributory Negligence, Wrongfulness in Omission, Culpa in Public Body, Policy Considerations in Delict
Delict Land and Property Municipal Liability for Omissions Duty to Repair Pavements Contributory Negligence Wrongfulness in Omission Culpa in Public Body Policy Considerations in Delict

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Summary, issues, holding and outcome

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Parties

Municipality of Cape Town

Appellant

Gladys Marjorie Bakkerud

Respondent

Procedural Posture

Civil Appeal / Appeal From Full Bench of Cape Provincial Division

Legal Issues

  1. 1 Whether a municipality empowered but not obliged by statute to repair pavements is liable in delict for damage caused by holes in the pavement.
  2. 2 Whether the earlier 'municipality cases' granting immunity remain authoritative in light of subsequent developments in the law of omissions.
  3. 3 Whether the facts established a legal duty to repair or warn and whether the municipality's omission was wrongful and attended by culpa.

Ratio Decidendi

The Supreme Court of Appeal held that the earlier 'municipality cases' granting general immunity from delictual liability for omissions are no longer authoritative in light of subsequent developments in the law of omissions. The test is now whether the legal convictions of the community demand that the omission be regarded as unlawful, assessed on the facts of each case. Blanket imposition of a legal duty to repair on all municipalities is inappropriate; liability depends on circumstances such as the nature of the area, frequency of use, visibility and danger of the defect, and available resources. In this case, the evidence showed that the pavement was in a densely populated area, the...

Court Disposition

Appeal dismissed. No order as to costs in this court or in respect of the application for leave to appeal.

Orders

  • The appeal is dismissed.
  • There will be no order as to costs either in this court or in respect of the application for leave to appeal.