Mokoena v MEC for Education, Mpumalanga and Others (A26/2023) [2024] ZAMPMBHC 69 (17 September 2024)
Court
Mbombela High Court, Mpumalanga
Case number
A26/2023
Judges
Ryneveldt, Mashile
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…
Hanger v Regal and Another (A77/2015) [2022] ZAFSHC 190 (11 March 2022)
Court
Free State High Court, Bloemfontein
Case number
A77/2015
Judges
VAN ZYL, OPPERMAN, DANISO
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.
Cromhout v O'neil N.O and Others (19155/2015) [2019] ZAWCHC 54 (14 May 2019)
Court
Western Cape High Court, Cape Town
Case number
19155/2015
Judge
J I Cloete
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.
Mokhobo v Minister of Police and Others (4485/2016, 4486/2016, 4487/2016, 4488/2016, 4489/2016) [2017] ZAFSHC 137 (17 August 2017)
Court
Free State High Court, Bloemfontein
Case number
4485/2016
Judge
Naidoo
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…
D.W v Minister of Police and Another (72485/2012) [2016] ZAGPPHC 172; 2017 (1) SACR 441 (GP) (11 November 2016)
Court
North Gauteng High Court, Pretoria
Case number
72485/2012
Judge
Prinsloo
High Court award for severe damages after an attack and rape, including special damages, general damages, and costs, following an agreed liability settlement.