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South Africa decisions
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Kalmer v Davids NO (in her capacity as the Executor in the Estate: late Yasmin Salie) and Another (501/2023) [2025] ZASCA 26 (28 March 2025)
The SCA held that an elite runner was negligent in colliding with a pedestrian on an open public promenade during a race and dismissed the appeal.
E.M and Another v Eskom Holdings Limited (39072/2020) [2025] ZAGPPHC 285 (17 March 2025)
The High Court dismissed a claim for fatal electrocution, holding that section 25 of the Electricity Regulation Act did not apply to vandalised power lines.
Ngqeleni v Outsurance Insurance Company Limited (EL933/2022) [2024] ZAECELLC 44 (14 November 2024)
The court found that the insurance policy's exclusion for defective workmanship must be read in the context of the plaintiff's knowledge. The expert evidence established that the plaintiff could not have known about the defective workmanship prior to purchasing the property. Therefore, the exclusion did not apply, and the incident was an insured peril under the policy. The defendant's argument that the plaintiff should have foreseen the defect was unsupported by the facts and expert opinion. The court held that both issues for determination must be answered in favour of the plaintiff, resulti…
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N.M v Member of the Executive Council for the Department of Health - Eastern Cape (227/2017) [2024] ZAECBHC 32 (27 August 2024)
The High Court held the Eastern Cape health department liable after finding negligent labour monitoring caused a child’s hypoxic-ischemic brain injury.
Swanepoel v Reynecke (A2024/002787) [2024] ZAGPJHC 566 (14 June 2024)
The court found that the foreseeability of the attack was conceded in the appellant's plea and established by the evidence, including expert testimony that pit bulls, especially females with puppies, are likely to be aggressive. The appellant failed to lead any evidence of the preventative measures she claimed to have taken, justifying the adverse inference that no such measures were implemented. The court held that the appellant wrongfully and negligently failed to prevent the injuries sustained by the respondent's daughter. The approach and conclusions of the court below were correct, and t…
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Molapo v Emalahleni Local Municipality (4146/2021) [2024] ZAMPMHC 32 (30 May 2024)
The High Court dismissed a damages claim arising from an electrocution at a municipal substation, finding the municipality had rebutted the statutory presumption of negligence.
Barnard v Road Accident Fund (35094/2020) [2023] ZAGPPHC 1153 (14 September 2023)
The High Court held the Road Accident Fund liable in full after finding no proven contributory negligence by the plaintiff in a collision with a donkey on the road.
Ndlovu v Passenger Rail Agency of South Africa (13338/17) [2023] ZAGPPHC 628 (24 July 2023)
The High Court dismissed a passenger’s claim against PRASA after finding he failed to prove he fell from a moving train or that PRASA caused his injuries.
M.M obo L.N.M v MEC for Health, Gauteng (2018/4531) [2023] ZAGPJHC 464 (15 May 2023)
The High Court held the Gauteng health department 100% liable when a locked ward and lack of supervision led to a toddler’s burn injury in hospital.
Mbele v Passenger Rail Agency of South Africa (2019/44039) [2022] ZAGPJHC 880 (8 November 2022)
The Court found that the Plaintiff was a lawful passenger with a valid ticket and that PRASA owed him a duty of care as a public carrier. The Plaintiff's version, that he was pushed while alighting from an overcrowded train with open doors, was found more probable than PRASA's version that he was train surfing. PRASA failed to rebut the Plaintiff's evidence, did not provide expert testimony, photographs, or a sketch plan to support its assertions, and its own witnesses contradicted each other regarding the operation of train doors. The Court held that PRASA did not take reasonable steps to pr…
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