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South Africa decisions
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J.M obo M.M v Imerys Refractory Minerals SA (Pty) Ltd (1958/2018) [2023] ZALMPPHC 104 (6 November 2023)
The High Court found a mine operator liable after a child fell into an unfenced disused quarry used by community members and livestock.
van der Merwe v Safe Waterkloof NPC and Others [2023] ZAGPPHC 101; 42344/20 (6 February 2023)
The High Court refused leave to appeal against dismissal of a rescission and declaratory relief application, finding no reasonable prospects of success.
PJJ van Vurren Beleggings (Pty) Ltd and Another v Wilds Homeowners Association NPC and Another (89624/2018) [2022] ZAGPPHC 572 (18 July 2022)
The court found that Trumpeter’s Loop and Beisa Street are public roads, as established by the general plans approved by the Surveyor-General and filed in the Deeds Office, and vested in the municipality under section 63 of the Ordinance. The first respondent’s restriction of access was not authorised by the municipality in accordance with the procedures set out in Act 10 of 1998. The Singh decision was distinguished, as the roads in that case were private and part of the estate, whereas here the roads are not part of the individual properties and have not been converted to private ownership.…
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McGregor v Selborne Park Body Corporate and Others (AR224/2020) [2021] ZAKZPHC 87 (8 October 2021)
The majority held that the appellant's rights to access and use the portal system were contractual in nature, flowing from his membership in the body corporate and subject to the conduct rules, specifically rule 13, which requires trustee approval for letting units. The deprivation of access to the portal system was not an incident of possession but of ownership, and the mandament van spolie remedy was not available. The trustees' resolution to deactivate access was lawful, as the appellant was given ample notice and the deprivation was not wrongful or unlawful. The application was, in substa…
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City of Cape Town v Carelse and Others (296/2019) [2020] ZASCA 117; [2020] 4 All SA 613 (SCA); 2021 (1) SA 355 (SCA) (1 October 2020)
The Supreme Court of Appeal held that the City of Cape Town, as the controlling authority of the Day Camp, owed a legal duty to ensure the safety of visitors, which included taking reasonable steps to prevent the entry of dogs through all access points. The City was aware that a significant number of visitors and dogs entered through unsupervised side entrances and failed to provide signage or access control at these points. This omission was both wrongful and negligent, as the risk of harm was foreseeable and reasonable measures could have been implemented without undue financial burden. The…
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Carelse v City of Cape Town (13310/2015) [2018] ZAWCHC 173; [2019] 2 All SA 125 (WCC) (12 December 2018)
The High Court held the City of Cape Town liable after a dog attacked a swimmer at Harmony Park Day Camp, finding inadequate access control at side entrances.
Van Staden v Khumalo and Another (89921/15) [2017] ZAGPPHC 764 (24 October 2017)
The court found that Stallion Security (Pty) Ltd is vicariously liable for the murder committed by its employee, Khumalo, because his employment created both the opportunity and means for the commission of the delict. Khumalo's access to the building, knowledge of the victim's habits, and possession of security equipment were all direct results of his employment. The contractual duty of Stallion to provide access control for the protection of Bidvest's property and employees further strengthened the connection between Khumalo's employment and the wrongful act. Despite Khumalo being off duty a…
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Harri and Others v Mahlathini Landowners Association (A221/2013) [2014] ZAGPPHC 470 (9 July 2014)
The court dismissed an appeal against refusal of a spoliation application concerning access gates to a game reserve, holding the closures were authorised by valid association resolutions.
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