Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Delict [2021] ZANCHC 12

Minister of Justice and Correctional Services v Kitcher and Another (874/2019)

Minister of Justice and Correctional Services v Kitcher and Another (874/2019) [2021] ZANCHC 12 (22 January 2021)

Court
Northern Cape High Court, Kimberley
Case number
874/2019
Judges
Phatshoane, Mamosebo, Van Tonder

The court found that the Minister, as the party in control of the premises and employer of both Mr Kitcher and Mr Sebogo, was aware of the repeated danger posed by Mr Sebogo's dogs. Despite prior incidents and warnings, the Minister failed to take reasonable steps to prevent foreseeable harm, such as ordering the removal of the dogs after the first attack. The omission was wrongful and negligent under delictual principles, given the employment relationship, the Minister's authority, and the constitutional duty to protect life and security. The legal convictions of the community, constitutiona…

Source excerpt

  • Omission Liability
  • Wrongfulness
  • Negligence
  • Actio De Pauperi
  • Actio Legis Aquilia
  • Joint And Several Liability
Read case analysis
Delict [2021] ZANCHC 7

Minister of Justice and Correctional Services v Kitcher and Another (874/2019)

Minister of Justice and Correctional Services v Kitcher and Another (874/2019) [2021] ZANCHC 7 (22 January 2021)

Court
Northern Cape High Court, Kimberley
Case number
874/2019
Judges
Phatshoane, Mamosebo, Van Tonder

The court held that the Minister, as the party in control of the correctional facility and employer of both the dog owner and the victim, was aware of the repeated danger posed by Mr Sebogo's dogs. Despite prior warnings and incidents, the Minister failed to enforce removal or confinement of the dogs, thereby breaching a legal duty to prevent foreseeable harm to residents and visitors. The omission was both wrongful and negligent under delictual principles, as the Minister could reasonably have foreseen the risk and taken simple, cost-effective steps to eliminate it. The legal convictions of…

Source excerpt

  • Omission Liability
  • Wrongfulness
  • Negligence
  • Actio De Pauperi
  • Actio Legis Aquilia
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.