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South Africa Case Law

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Delict [2022] ZAGPPHC 804

Minister of Police v Mathibela (A165/2021)

Minister of Police v Mathibela (A165/2021) [2022] ZAGPPHC 804 (2 November 2022)

Court
North Gauteng High Court, Pretoria
Case number
A165/2021
Judges
Burger AJ, Mazibuko AJ, Makhoba J

The appeal court found that the trial court erred by deciding the case on grounds not pleaded by the plaintiff, specifically regarding a previous shooting incident and the alleged unlawful issuance of the firearm. The plaintiff's particulars of claim did not allege prior misconduct or unlawful issuance, and the evidence did not support such findings. The court held that Seloana was off duty, attending a private function, and acting in his personal capacity. The use of a state-issued firearm did not establish a sufficiently close connection to the employer's business. The employer's constituti…

Source excerpt

  • Vicarious Liability
  • Close Connection Test
  • Pleading Precision
  • Omission And Commission
  • Firearm Issuance
  • Constitutional Duty Of Police
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Delict [2021] ZAFSHC 211

Pope and Another v Hattingh and Another (2548/2016)

Pope and Another v Hattingh and Another (2548/2016) [2021] ZAFSHC 211 (31 August 2021)

Court
Free State High Court, Bloemfontein
Case number
2548/2016
Judge
Mhlambi

The court found that Mhone was employed by both defendants and entrusted with the care and safety of the Pope family during their stay at the guesthouse. The defendants' attempts to evade liability by denying joint employment were contradicted by affidavits, pleadings, and evidence. Mhone had access to the guesthouse and the defendants' house, and was responsible for attending to guests. The defendants created the risk by leaving Mhone in charge, and his acts were sufficiently connected to his employment and the business of the defendants. Applying the close connection test and considering th…

Source excerpt

  • Vicarious Liability
  • Intentional Wrongdoing
  • Creation Of Risk
  • Close Connection Test
  • Employment Relationship
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.