South Africa Case Law

Parkin and Others v Knysna Local Municipality (5855/2020)

Parkin and Others v Knysna Local Municipality (5855/2020) [2025] ZAWCHC 182; [2025] 3 All SA 530 (WCC) (29 April 2025)

Court

Western Cape High Court, Cape Town

Case number

5855/2020

Judge

Holderness

The court found that the issues raised in the special pleas of non-joinder and misjoinder are not inextricably interwoven with the remaining issues for determination in the main action. The determination of which municipality bears the legal duties relied upon by the plaintiffs is a discrete legal question that can be conveniently separated and adjudicated first. The court held that if the defendant succeeds on its misjoinder plea, it will be dispositive of the plaintiffs’ claim against it. The court further found that the determination of non-joinder should precede the merits to avoid making…

Source excerpt

• Separation Of Issues
• Non Joinder
• Misjoinder
• Municipal Liability
• Fire Damage
• Statutory Duties

Cobra Towing CC v Mangaung Metropolitan Municipality and Others (5264/2021)

Cobra Towing CC v Mangaung Metropolitan Municipality and Others (5264/2021) [2024] ZAFSHC 277; [2024] 4 All SA 423 (FB) (5 September 2024)

Court

Free State High Court, Bloemfontein

Case number

5264/2021

Judge

Van Zyl

Municipality liable after a water interruption left fire hydrants dry, preventing fire containment. General damages were awarded; consequential damages failed.

• Municipal Liability
• Negligence
• Omission
• Fire Damage
• Apportionment Of Damages Act
• Statutory Duty

Dunsteyn Prodeseer (Edms) Bpk v Metcash (16460/2015)

Dunsteyn Prodeseer (Edms) Bpk v Metcash (16460/2015) [2017] ZAGPPHC 668 (17 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

16460/2015

Judge

E Molahlehi

The High Court dismissed an application for leave to appeal, finding no reasonable prospect of success after its earlier ruling on lease cancellation and rental liability.

• Leave To Appeal Standard
• Lease Cancellation
• Specific Performance
• Fire Damage
• Burden Of Proof
• Leave-to-appeal-standard

Mehrez and Another v Ndwandwe (65685/2013)

Mehrez and Another v Ndwandwe (65685/2013) [2017] ZAGPPHC 296 (29 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

65685/2013

Judge

Louw

High Court fire-damage claim arising from a fire that spread from the defendant’s property to the plaintiffs’ home; liability was apportioned 80/20.

• Negligence
• Vicarious Liability
• Contributory Negligence
• Fire Damage
• Apportionment Of Liability
• Vicarious-liability

MTO Forestry (Pty) Ltd v Swart N.O. (420/2016)

MTO Forestry (Pty) Ltd v Swart N.O. (420/2016) [2017] ZASCA 57; [2017] 3 All SA 502 (SCA); 2017 (5) SA 76 (SCA) (22 May 2017)

Court

Supreme Court of Appeal

Case number

420/2016

Judges

Leach, Willis, Mathopo, Mocumie, Coppin

The Supreme Court of Appeal dismissed a forestry company’s delict claim arising from a fire that spread from neighbouring land, finding reasonable preventive steps were taken.

• Negligent Omission
• Presumption Of Negligence
• National Veld And Forest Fire Act
• Wrongfulness
• Fire Damage
• Landowner Liability

Ivaura Estates (Pty) Ltd v MEC, Council, Department of Roads & Transport, Mpumalanga (240/10)

Ivaura Estates (Pty) Ltd v MEC, Council, Department of Roads & Transport, Mpumalanga (240/10) [2011] ZASCA 9 (10 March 2011)

Court

Supreme Court of Appeal

Case number

240/10

Judges

Harms, Cloete, Malan

The appeal, arising from fire damage to mango trees, was dismissed. The court held that negligence was not established because the appellant’s own workers took over fire suppression.

• Negligence
• Fire Damage
• Reasonable Person Test
• Delict
• Fire-damage
• Reasonable-person-test

Lubbe v Louw (531/03)

Lubbe v Louw (531/03) [2004] ZASCA 130; [2006] 4 All SA 341 (SCA) (25 November 2004)

Court

Supreme Court of Appeal

Case number

531/03

Judges

FARLAM JA, CLOETE JA

The Supreme Court of Appeal held a landowner liable for fire damage after a fire spread from his farm, confirming a duty to control fires and upholding the negligence presumption.

• Negligence
• Duty Of Care
• Presumption Of Negligence
• Fire Damage
• Wrongfulness
• Delict

Sea Harvest Corporation (Pty) Ltd and Another v Duncan Dock Cold Storage (Pty) Ltd and Another (12/97)

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)

Court

Supreme Court of Appeal

Case number

12/97

Judges

Scott, Smalberger, Howie, Marais, Streicher

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.

• Negligence
• Culpa
• Wrongfulness
• Occupier Liability
• Fire Damage
• Causation