Smith v Klawervlei Sitrus CC (A 189/2023)
Smith v Klawervlei Sitrus CC (A 189/2023) [2025] ZAWCHC 98; [2025] 2 All SA 896 (WCC) (11 March 2025)
The court held that the mere presence of the respondent's cow on the public road did not create a presumption of negligence. The appellant failed to present any evidence as to how the cow ended up on the road, the state of the fencing, or any omission by the respondent. The maxim res ipsa loquitur was found to be inapplicable in these circumstances, as established by binding authority. Regulation 313 under the National Road Traffic Act creates a statutory offence but does not give rise to a civil presumption of negligence or liability. The appellant's reliance on Mofokeng v Moloi and Enslin v…
Source excerpt
- Negligence
- Absolution From The Instance
- Animals On Public Road
- Res Ipsa Loquitur
- Statutory Duty
- Road Traffic Regulation