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South Africa Case Law

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Civil Procedure [2025] ZANCHC 13

Olivier NO v Transnet SOC (1803/2023)

Olivier NO v Transnet SOC (1803/2023) [2025] ZANCHC 13 (17 January 2025)

The court dismissed Transnet’s exception to particulars of claim in a delict action over fire damage allegedly caused by a locomotive.

  • Exception To Particulars Of Claim
  • Actio Legis Aquiliae
  • Wrongfulness
  • Causation
  • Quantum Of Damages
  • Exception-to-particulars-of-claim
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Labour Law [2024] ZAMPMBHC 69

Mokoena v MEC for Education, Mpumalanga and Others (A26/2023)

Mokoena v MEC for Education, Mpumalanga and Others (A26/2023) [2024] ZAMPMBHC 69 (17 September 2024)

The appeal turned on whether the appellant's delictual claims for damages arising from her dismissal and related conduct by the respondents could succeed in light of the statutory framework of the Labour Relations Act. The Court found that while the Department erred in its dismissal procedure, it promptly corrected the mistake and reinstated the appellant, paying her outstanding salary. The evidence did not support a finding of wrongful conduct in delict, as the harm suffered was limited and remedied without delay. The Court held that public policy does not support imposing delictual liabilit…

  • Unfair Dismissal
  • Actio Iniuriarum
  • Actio Legis Aquiliae
  • Wrongfulness
  • Balance Of Probabilities
  • Damages
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Delict [2022] ZAGPPHC 1013

Mthembu v Big Save Store, Mabopane (Pty) Ltd (65018/2020)

Mthembu v Big Save Store, Mabopane (Pty) Ltd (65018/2020) [2022] ZAGPPHC 1013 (10 October 2022)

The court held the store liable after a customer slipped on an uneven descending ramp; inadequate warnings and no handrails were found negligent.

  • Actio Legis Aquiliae
  • Negligence
  • Premises Liability
  • Contributory Negligence
  • Causation
  • Duty Of Care
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Delict [2022] ZAFSHC 190

Hanger v Regal and Another (A77/2015)

Hanger v Regal and Another (A77/2015) [2022] ZAFSHC 190 (11 March 2022)

Full Court appeal on absolution in a delict claim arising from a bear attack. The court found the plaintiff had made out a prima facie case and restored the action.

  • Negligence
  • Actio Legis Aquiliae
  • Absolution From The Instance
  • Contributory Negligence
  • Volenti Non Fit Iniuria
  • Absolution-from-the-instance
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Civil Procedure [2022] ZASCA 25

Alberts and Others v Minister of Justice and Correctional Services (404/2021)

Alberts and Others v Minister of Justice and Correctional Services (404/2021) [2022] ZASCA 25; 2022 (6) SA 59 (SCA) (9 March 2022)

The Supreme Court of Appeal held that 138 plaintiffs could join in one action over alleged assaults, and that the special plea of misjoinder failed.

  • Joinder Of Parties
  • Misjoinder
  • Uniform Rules Of Court
  • Actio Legis Aquiliae
  • Special Plea
  • Condonation Of Irregularity
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Delict [2019] ZAWCHC 54

Cromhout v O'neil N.O and Others (19155/2015)

Cromhout v O'neil N.O and Others (19155/2015) [2019] ZAWCHC 54 (14 May 2019)

The High Court granted absolution in a delict claim arising from a chimpanzee attack, finding the plaintiff had not pleaded or proved wrongfulness or a prima facie case.

  • Negligent Omission
  • Wrongfulness
  • Actio Legis Aquiliae
  • Voluntary Assumption Of Risk
  • Control Of Dangerous Property
  • Delict
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Delict [2018] ZAGPJHC 491

Munters (Pty) Ltd v Serote and Another (4004/2014)

Munters (Pty) Ltd v Serote and Another (4004/2014) [2018] ZAGPJHC 491 (26 March 2018)

Employer proved employee fraud and theft that diverted payments into the spouse’s home loan account; both defendants were held jointly liable.

  • Fraudulent Misrepresentation
  • Theft By Employee
  • Actio Legis Aquiliae
  • Joint Liability
  • Bare Denial Pleading
  • Attorney And Client Costs
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Civil Procedure [2017] ZAFSHC 137

Mokhobo v Minister of Police and Others (4485/2016, 4486/2016, 4487/2016, 4488/2016, 4489/2016)

Mokhobo v Minister of Police and Others (4485/2016, 4486/2016, 4487/2016, 4488/2016, 4489/2016) [2017] ZAFSHC 137 (17 August 2017)

The court held that while more detail could have been provided in the particulars of claim regarding the cause of action for patrimonial loss, the plaintiff's interpretation of the pleadings is not unreasonable or improbable. The allegations of malice and wrongful conduct, as pleaded, are sufficient at the exception stage to constitute averments of fault and wrongfulness. The adequacy of the allegations, particularly regarding legal causation and foreseeability of harm, is best determined at trial upon consideration of all evidence. The exception remedy is only available where the objection g…

  • Exception To Pleadings
  • Actio Legis Aquiliae
  • Unlawful Arrest
  • Malicious Prosecution
  • Pure Economic Loss
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Delict [2017] ZAGPPHC 130

Makhubela v Deyzel (94956/15)

Makhubela v Deyzel (94956/15) [2017] ZAGPPHC 130 (28 March 2017)

The High Court held the dog owner liable under actio de pauperie after her dogs bit the plaintiff and her child, rejecting a provocation defence.

  • Actio De Pauperie
  • Actio Legis Aquiliae
  • Liability For Domesticated Animals
  • Provocation Defence
  • Onus Of Proof
  • Actio-de-pauperie
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Delict [2016] ZAGPPHC 172

D.W v Minister of Police and Another (72485/2012)

D.W v Minister of Police and Another (72485/2012) [2016] ZAGPPHC 172; 2017 (1) SACR 441 (GP) (11 November 2016)

High Court award for severe damages after an attack and rape, including special damages, general damages, and costs, following an agreed liability settlement.

  • Actio Legis Aquiliae
  • Actio Iniuriarum
  • Pain And Suffering
  • Contumelia
  • Quantum Of Damages
  • Prescribed Rate Of Interest
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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.