South Africa Case Law

Petroleum Oil and Gas Corporation of South Africa (Pty) Ltd v Odfjell Asia III Pte Ltd and Another (AC 78/2008)

Petroleum Oil and Gas Corporation of South Africa (Pty) Ltd v Odfjell Asia III Pte Ltd and Another (AC 78/2008) [2021] ZAWCHC 18 (9 February 2021)

Court

Western Cape High Court, Cape Town

Case number

AC 78/2008

Judge

Binns-Ward

High Court admiralty judgment on damage to a pipeline caused when the Bow Sun’s anchor snagged during berthing at Mossel Bay.

• Compulsory Pilotage
• Apportionment Of Liability Act
• Negligence
• Joint Wrongdoers
• Damage To Property
• Standard Operating Procedure

Yeast City Housing v Kutumela and Others (62519/2020)

Yeast City Housing v Kutumela and Others (62519/2020) [2020] ZAGPPHC 750 (15 December 2020)

Court

North Gauteng High Court, Pretoria

Case number

62519/2020

Judge

Davis

The court found that the respondents were in contempt of previous court orders, specifically those restraining intimidation, harassment, and unlawful interference with property and electricity supply at Thembelihle Village. The applicant's evidence, including affidavits, photographs, and video footage, was detailed, corroborated, and unchallenged in substance. The respondents' blanket denials and technical defences were rejected as spurious. The conduct of the respondents, including violence, kidnapping, damage to property, and illegal electricity reconnections, was criminal and endangered li…

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• Contempt Of Court
• Eviction
• Prevention Of Illegal Electricity Connections
• Interdict
• Prevention Of Illegal Eviction
• Damage To Property

South African Breweries (Pty) Ltd v Professional Transport & Allied Workers Union of SA aka PTAWU and Another (0016060/17)

South African Breweries (Pty) Ltd v Professional Transport & Allied Workers Union of SA aka PTAWU and Another (0016060/17) [2017] ZAGPJHC 178; (2017) 38 ILJ 2463 (GJ) (12 May 2017)

Court

South Gauteng High Court, Johannesburg

Case number

0016060/17

Judge

M M MABESELE

The High Court found that although the dispute originated from a labour issue between truck owners and their employees, the applicant was entitled to seek protection for its property and business operations when threatened by violent conduct during a strike. The evidence showed that union members had damaged the applicant's goods and caused financial loss. The court dismissed the jurisdictional objection, holding that the relief sought was not aimed at resolving the employment dispute but at preventing unlawful interference and damage. The applicant had made out a case for urgent interdictory…

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• Strike Interdict
• Damage To Property
• Urgent Interdict
• Costs Order
• Third Party Protection

Dark Fibre Africa (Pty) Ltd v UDS Civils CC (40552/2013)

Dark Fibre Africa (Pty) Ltd v UDS Civils CC (40552/2013) [2016] ZAGPPHC 1130 (4 November 2016)

Court

North Gauteng High Court, Pretoria

Case number

40552/2013

Judge

NV Khumalo

The High Court held UDS Civils CC liable for damage to Dark Fibre Africa’s fibre optic network and awarded damages, interest, and costs.

• Negligence
• Damage To Property
• Vicarious Liability
• Quantification Of Damages
• Onus Of Proof
• Delict

Minnaar N.O and Others v Henri McNaughton & Partners and Others (634/2010)

Minnaar N.O and Others v Henri McNaughton & Partners and Others (634/2010) [2014] ZAECGHC 5; [2014] 2 All SA 352 (ECG) (31 January 2014)

Court

Eastern Cape High Court, Grahamstown

Case number

634/2010

Judge

M Roberson

The court held that the facts pleaded by the plaintiffs, including the terms of the lease, are sufficient to sustain a claim in delict. The conduct alleged involved positive acts and control over hazardous objects, which gave rise to a duty of care independent of the contract. The lease agreement was the field of origin for the duty of care, but did not exclude delictual liability. The insurance and indemnity clauses did not preclude a claim in delict, and the conduct complained of was not merely inefficient farming but rather a breach of an overriding duty of care. The exception was therefor…

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• Aquilian Action
• Lease Agreement Liability
• Negligence
• Damage To Property
• Exception Procedure
• Duty Of Care

Truck and General Insurance Co Ltd v Verulam Fuel Distributors CC and Another (540/04)

Truck and General Insurance Co Ltd v Verulam Fuel Distributors CC and Another (540/04) [2006] ZASCA 85; 2007 (2) SA 26 (SCA) (31 May 2006)

Court

Supreme Court of Appeal

Case number

540/04

Judges

MPATI, FARLAM, MTHIYANE, JAFTA, MAYA

The court held that the statutory obligation imposed on the insured by section 30(4) of the National Environmental Management Act to contain and minimise the effects of the fuel spillage constitutes a legal liability covered by subsection B of the insurance policy, provided there is damage to property other than the insured's own and the liability is in respect of such damage. The court rejected a strict application of the Post Office rule, which would require a judgment or agreement establishing liability to a third party before indemnity arises, as this would defeat the purpose of environme…

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• Insurance Policy Interpretation
• Statutory Liability
• Environmental Cleanup Costs
• Damage To Property

Stad Tshwane Metropolitaanse Munisipaliteit v Body Corporate Faeriedale (303/02)

Stad Tshwane Metropolitaanse Munisipaliteit v Body Corporate Faeriedale (303/02) [2003] ZASCA 50; 2003 (6) SA 440 (SCA) (22 May 2003)

Court

Supreme Court of Appeal

Case number

303/02

Judges

Streicher, Navsa, Cloete, Jones, Shongwe

The Supreme Court of Appeal held that a body corporate could not sue for damages to individual units under section 36(6) of the Sectional Titles Act.

• Sectional Titles Act
• Locus Standi
• Damage To Property
• Insurance Subrogation
• Sectional-titles-act
• Locus-standi