Pope and Another v Hattingh and Another (2548/2016) [2021] ZAFSHC 211 (31 August 2021)

Pope and Another v Hattingh and Another (2548/2016) [2021] ZAFSHC 211 (31 August 2021)

The court found that Mhone was employed by both defendants and entrusted with the care and safety of the Pope family during their stay at the guesthouse. The defendants' attempts to evade liability by denying joint employment were contradicted by affidavits, pleadings, and evidence. Mhone had access to the guesthouse and the defendants' house, and was responsible for attending to guests. The defendants created the risk by leaving Mhone in charge, and his acts were sufficiently connected to his employment and the business of the defendants. Applying the close connection test and considering the creation of risk, the court held that the defendants are vicariously liable for the wrongful...

Citation
[2021] ZAFSHC 211
Parties
Applicant: Warren Pope; Applicant: Marlene Pope; Respondent: Johannes Francios Hattingh; Respondent: Rozelle Sally Hattingh
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
31 August 2021
Case Number
2548/2016
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
The plaintiffs succeeded. Both defendants are declared liable to the plaintiffs for damages suffered as a result of the wrongful conduct of Mr Pharaoh Mhone.
Judges
Mhlambi
Legal Topics
Vicarious Liability, Intentional Wrongdoing, Creation of Risk, Close Connection Test, Employment Relationship
Delict Civil Procedure Vicarious Liability Intentional Wrongdoing Creation of Risk Close Connection Test Employment Relationship

Case Brief

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Parties

Warren Pope

Applicant

Marlene Pope

Applicant

Johannes Francios Hattingh

Respondent

Rozelle Sally Hattingh

Respondent

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Are the defendants vicariously liable for the wrongful acts committed by their employee, Mr Pharaoh Mhone, against the plaintiffs and their family members?
  2. 2 Was Mr Mhone employed by one or both defendants at the time of the incident?
  3. 3 Is there a sufficiently close connection between Mhone's wrongful acts and the defendants' business to justify vicarious liability?

Ratio Decidendi

The court found that Mhone was employed by both defendants and entrusted with the care and safety of the Pope family during their stay at the guesthouse. The defendants' attempts to evade liability by denying joint employment were contradicted by affidavits, pleadings, and evidence. Mhone had access to the guesthouse and the defendants' house, and was responsible for attending to guests. The defendants created the risk by leaving Mhone in charge, and his acts were sufficiently connected to his employment and the business of the defendants. Applying the close connection test and considering the creation of risk, the court held that the defendants are vicariously liable for the wrongful...

Court Disposition

The plaintiffs succeeded. Both defendants are declared liable to the plaintiffs for damages suffered as a result of the wrongful conduct of Mr Pharaoh Mhone.

Orders

  • It is declared that both the defendants are liable to the plaintiffs for the damages suffered by the plaintiffs as a result of the wrongful conduct of Mr Pharaoh Mhone in the early hours of 20 April 2014.
  • The first and second defendants are ordered to pay the plaintiffs' costs jointly and severally, the one paying, the other to be absolved.