South Africa Case Law

Matthews v Douglasdale Dairy (Pty) Ltd (31670/19)

Matthews v Douglasdale Dairy (Pty) Ltd (31670/19) [2021] ZAGPJHC 712 (25 February 2021)

Court

South Gauteng High Court, Johannesburg

Case number

31670/19

Judge

Cowen AJ

The court held that the plaintiff's pleadings, although framed as damages for 'holding over', disclose a valid cause of action in delict for patrimonial loss arising from the defendant's continued unlawful occupation of the property. The term 'holding over' is not confined to contractual claims and may encompass delictual claims for damages where a subsequent owner is deprived of use and enjoyment of property. The exception was dismissed as the pleadings, interpreted reasonably, support a claim under the actio legis Aquilia. Regarding joinder, the court found that the co-owner, Mr Rowan Matth…

Source excerpt

• Holding Over Damages
• Actio Legis Aquilia
• Joinder Of Co Owners
• Exception To Pleadings
• Unlawful Occupation
• Patrimonial Loss

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…

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• Omission Liability
• Wrongfulness
• Negligence
• Actio De Pauperi
• Actio Legis Aquilia
• Joint And Several Liability

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

Minister of Safety and Security v Gardner (CA 250/2008)

Minister of Safety and Security v Gardner (CA 250/2008) [2009] ZAECGHC 38 (2 July 2009)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 250/2008

Judges

Jones, Sandi

The High Court held that the State’s claim against an official prescribed from 6 March 2001, when it knew the relevant facts and the official’s identity.

• Prescription Act
• Actio Legis Aquilia
• Vicarious Liability
• Public Finance Management Act
• Treasury Regulations
• Prescription

Electronic Media Network Limited and Another v Gold Reef City Theme Park and Another (07/28863)

Electronic Media Network Limited and Another v Gold Reef City Theme Park and Another (07/28863) [2008] ZAGPHC 209 (26 June 2008)

Court

High Courts - Gauteng

Case number

07/28863

Judge

M Jajbhay

High Court held that broadcast allegations that amusement rides were unsafe were reasonably capable of defamatory meaning. Exception dismissed with costs.

• Defamation
• Business Reputation
• Actio Iniuriarum
• Actio Legis Aquilia
• Corporate Personality Rights
• Corporate-defamation

Thysse v Bekker (1475/2004)

Thysse v Bekker (1475/2004) [2006] ZAECHC 139; 2007 (3) SA 350 (SEC) (31 October 2006)

Court

High Courts - Eastern Cape

Case number

1475/2004

Judge

RJW Jones

The court found that the defendant was the owner of the dog, which was domesticated and familiar with the child. The evidence established that the dog bit the child during play, without provocation or justification. The expert evidence presented by the defendant was rejected in part due to reliance on unproven facts and a misunderstanding of the legal standard. The court held that the legal test is objective, requiring domesticated animals to suppress instincts to bite, especially in the absence of cruelty or provocation. The dog’s conduct was not what is expected of a well-behaved house pet…

Source excerpt

• Actio De Pauperie
• Contra Naturam Sui Generis
• Liability For Domesticated Animals
• Negligence
• Actio Legis Aquilia