Slabbert Burger Transport (Pty) Ltd v SASRIA Limited (05/29858) [2007] ZAGPHC 9 (6 March 2007)

Slabbert Burger Transport (Pty) Ltd v SASRIA Limited (05/29858) [2007] ZAGPHC 9 (6 March 2007)

The court found that the fire which destroyed the truck was a violent act committed during a lawful strike, and was intended to extend the ambit of the strike. The act of setting fire to the truck, committed by individuals likely to be employees of the plaintiff, constituted an act calculated or directed to bring about or further a strike as contemplated by clause (iii) of the SASRIA policy. The policy wording is sufficiently broad to include single, isolated acts, and there is no requirement that such acts be committed in public. The defendant's obligation to indemnify the plaintiff is triggered by the loss caused by such an act. The court rejected the defendant's argument that public...

Citation
[2007] ZAGPHC 9
Parties
Plaintiff: Slabbert Burger Transport (Pty) Limited; Defendant: SASRIA Limited
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
6 March 2007
Case Number
05/29858
Procedural Posture
Civil Trial / Judgment After Trial on Agreed Statement of Facts
Outcome
Plaintiff's claim succeeds. Defendant is ordered to pay the plaintiff the value of the truck, interest, and costs.
Judges
E L Goldstein
Legal Topics
Insurance Policy Interpretation, Special Risk Cover, Strike Related Damage, Indemnity Liability
Commercial and Corporate Civil Procedure Insurance Policy Interpretation Special Risk Cover Strike Related Damage Indemnity Liability

Case Brief

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Parties

Slabbert Burger Transport (Pty) Limited

Plaintiff

SASRIA Limited

Defendant

Procedural Posture

Civil Trial / Judgment After Trial on Agreed Statement of Facts

Legal Issues

  1. 1 Whether the damage to the truck was caused by a peril listed in the SASRIA insurance policy.
  2. 2 Whether the act of setting fire to the truck constituted an act calculated or directed to bring about or further a strike as contemplated by the policy.
  3. 3 Whether the defendant is liable to indemnify the plaintiff for the loss of the truck under the terms of the SASRIA policy.

Ratio Decidendi

The court found that the fire which destroyed the truck was a violent act committed during a lawful strike, and was intended to extend the ambit of the strike. The act of setting fire to the truck, committed by individuals likely to be employees of the plaintiff, constituted an act calculated or directed to bring about or further a strike as contemplated by clause (iii) of the SASRIA policy. The policy wording is sufficiently broad to include single, isolated acts, and there is no requirement that such acts be committed in public. The defendant's obligation to indemnify the plaintiff is triggered by the loss caused by such an act. The court rejected the defendant's argument that public...

Court Disposition

Plaintiff's claim succeeds. Defendant is ordered to pay the plaintiff the value of the truck, interest, and costs.

Orders

  • The defendant is ordered to pay the plaintiff R600,000.00.
  • Interest at 15.5% per annum from 21 December 2005 to date of payment.