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South Africa decisions
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Klatte v Drs Visser, Erasmus, Vawda and Partners (1372/2016) [2024] ZAECQBHC 63 (29 October 2024)
The High Court refused absolution after the plaintiff’s case in a delict claim arising from a fall during an x-ray procedure, finding the matter not clear-cut.
Maribe v Road Accident Fund (66435/2017) [2023] ZAGPPHC 1170 (14 September 2023)
The court found that the plaintiff's evidence was marked by evasiveness and lack of candour, particularly regarding speed and visibility. The plaintiff failed to take reasonable steps to avoid the accident, such as moving to the slow lane after reducing speed, despite there being no obstacle. The testimony of the plaintiff's witness, Mr. Marumo, was more reliable and established that the plaintiff had sufficient time and opportunity to avoid the collision. The court distinguished the present case from Mogoelelwa v Road Accident Fund, noting that the plaintiff here had the option to change lan…
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Jordaan v Government of the Republic of South Africa and Others (82812/14) [2016] ZAGPPHC 859 (16 September 2016)
The High Court dismissed a claim that Home Affairs negligently caused a missed flight by failing to process an override code timeously.
Judd v Nelson Mandela Bay Municipality (CA149/2010) [2011] ZAECPEHC 4 (17 February 2011)
The court held the municipality liable for injuries from a raised pavement block, finding both wrongfulness and negligence in its failure to maintain the sidewalk.
Spammer v S (A 31/08) [2008] ZAWCHC 53 (12 September 2008)
Appeal against conviction for contravening electric-fence safety regulations succeeded because the charge sheet omitted an essential element and the evidence was insufficient.
Mohofe v Minister of Safety and Security (13078/03) [2005] ZAGPHC 91 (15 September 2005)
The High Court dismissed a prescription defence and held the Minister liable after a police officer’s actions in a crowded street foreseeably exposed a bystander to fatal gunfire.
S v Jood (KS 36/01) [2004] ZANCHC 72 (7 September 2004)
The court set aside a murder conviction, convicted the appellant of culpable homicide, and reduced the sentence from 16 years to 8 years.
Sea Harvest Corporation (Pty) Ltd and Another v Duncan Dock Cold Storage (Pty) Ltd and Another (12/97) [1999] ZASCA 87; [2000] 1 All SA 128 (A); 2000 (1) SA 827 (SCA) (26 November 1999)
The Supreme Court of Appeal held that a distress flare fire in a cold store was not reasonably foreseeable, so the respondents were not negligent.
Johannesburg Consolidated Investment Company Ltd. v Langleigh Construction (Pty) Ltd. (118/89) [1990] ZASCA 147; 1991 (1) SA 576 (AD); (28 November 1990)
Appeal dismissed in a negligence and contractual indemnity dispute arising from injuries caused by open excavations on undeveloped land.
S v Ngubeni and Others (494/88) [1989] ZASCA 84 (27 July 1989)
The court set aside murder convictions against three robbery appellants, but upheld robbery convictions and replaced death sentences with 15 years' imprisonment each.
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