South Africa Case Law

Boy and Others v Minister of Police (4732/2019; 4733/2019; 4734/2019; 4735/2019/ 4736/2019; 4737/2019; 4858/2019; 4859/2019)

Boy and Others v Minister of Police (4732/2019; 4733/2019; 4734/2019; 4735/2019/ 4736/2019; 4737/2019; 4858/2019; 4859/2019) [2025] ZAFSHC 176 (12 June 2025)

Court

Free State High Court, Bloemfontein

Case number

4732/2019; 4733/2019; 4734/2019; 4735/2019; 4736/2019; 4737/2019; 4858/2019; 4859/2019

Judge

Molitsoane J

The court dismissed most claims for damages arising from arrest and detention, holding the plaintiffs failed to prove police negligence.

• Unlawful Arrest
• Unlawful Detention
• Negligence
• Causal Link
• Wrongfulness
• Unlawful-arrest

Vassiliou v Road Accident Fund (820/2022)

Vassiliou v Road Accident Fund (820/2022) [2024] ZAGPPHC 875 (24 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

820/2022

Judge

Mnisi

The High Court dismissed a Road Accident Fund claim after finding the plaintiff failed to prove a causal link between the collision and his alleged injuries.

• Road Accident Fund Act
• Burden Of Proof
• Causal Link
• Medical Evidence
• Credibility Of Witness
• Road-accident-fund

Columbus Stainless (Pty) Ltd v Hemraj (2199/2021)

Columbus Stainless (Pty) Ltd v Hemraj (2199/2021) [2024] ZAMPMHC 28 (3 May 2024)

Court

Middelburg High Court, Mpumalanga

Case number

2199/2021

Judge

Ratshibvumo

High Court default trial dismissed a claim for damages against a former employee for alleged non-disclosure of a conflict of interest and related overcharging.

• Breach Of Employment Contract
• Fiduciary Duty
• Quantification Of Damages
• Conflict Of Interest
• Default Judgment
• Causal Link

Doona v Road Accident Fund (380/2015)

Doona v Road Accident Fund (380/2015) [2022] ZALMPPHC 20 (22 April 2022)

Court

Limpopo High Court, Polokwane

Case number

380/2015

Judge

Kganyago

The High Court dismissed a Road Accident Fund claim after finding the plaintiff failed to prove negligence and his oral evidence materially differed from his pleadings.

• Road Accident Fund Liability
• Negligence
• Causal Link
• Bodily Injury
• Pleadings Vs Evidence
• Road-accident-fund

Al Mayya International Limited (BVI) v DDP Valuers (Proprietary) Limited (41424/20)

Al Mayya International Limited (BVI) v DDP Valuers (Proprietary) Limited (41424/20) [2022] ZAGPPHC 180 (2 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

41424/20

Judge

T Seneke

The court found that the appellant, Al Mayya, failed to establish a reasonable prospect of success on appeal. The particulars of claim did not demonstrate a sufficient causal link between the valuation conducted by DDP Valuers and the loss suffered by Al Mayya, which arose from the winding up of Value of Kings years after the valuation. The court held that Al Mayya does not fall within the class of persons to whom DDP Valuers owed a legal duty of care, as the relationship was contractual between DDP Valuers and Clyde & Co, not Al Mayya. The attempt to frame the claim as delictual was found to…

Source excerpt

• Leave To Appeal
• Pure Economic Loss
• Duty Of Care
• Exception Procedure
• Causal Link

De Jager v Minister of Police and Others (513/2018)

De Jager v Minister of Police and Others (513/2018) [2020] ZAFSHC 91 (2 April 2020)

Court

Free State High Court, Bloemfontein

Case number

513/2018

Judge

Naidoo

The High Court dismissed a plaintiff’s claims for unlawful arrest, detention and defamation, finding the arresting officer acted on reasonable suspicion.

• Unlawful Arrest
• Defamation
• Section 40 Criminal Procedure Act
• Reasonable Suspicion
• Causal Link
• Party And Party Costs

Umzali Civils (Pty) Ltd v Etana Insurance Company Ltd and Others (2079/2014)

Umzali Civils (Pty) Ltd v Etana Insurance Company Ltd and Others (2079/2014) [2015] ZAECPEHC 43 (2 June 2015)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2079/2014

Judge

J M Roberson

The High Court allowed an amendment to particulars of claim in a construction-insurance dispute, rejecting the Municipality’s argument that it would be excipiable.

• Amendment Of Pleadings
• Insurance Contracts
• Breach Of Contract
• Causal Link
• Costs Award
• Amendment-of-pleadings

S v Samuel (A2006/409)

S v Samuel (A2006/409) [2007] ZAGPHC 102 (15 June 2007)

Court

High Courts - Gauteng

Case number

A2006/409

Judges

D S S Moshidi, B W Burman

The High Court upheld an appeal against a fraud conviction involving a motor vehicle allowance letter, finding no causal link or prejudice to the bank.

• Fraud
• Misrepresentation
• Potential Prejudice
• Causal Link
• Criminal Intent
• Potential-prejudice

S v Maluleke and Another (303/82)

S v Maluleke and Another (303/82) [1984] ZASCA 93 (6 September 1984)

Court

Supreme Court of Appeal

Case number

303/82

Judges

Wessels, Viljoen, Hefer, Galgut, Smalberger

The court found that the trial judge correctly accepted the evidence of Cecilia Makhubela, corroborated by Sylvia and Michael Modau, that both appellants stabbed the deceased. The reliability of identification was enhanced by the witnesses' familiarity with the appellants and the available lighting. The trial judge properly rejected the appellants' versions due to their lies and inconsistencies. Medical evidence established that all three stab wounds contributed to the deceased's death, and both appellants were legally responsible. The appeal was dismissed as the convictions and sentences wer…

Source excerpt

• Murder
• Extenuating Circumstances
• Identification Evidence
• Single Witness Rule
• Causal Link
• Admission By Conduct