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South Africa decisions
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S.Z.M v M.N.M (127136/2024) [2025] ZAGPPHC 614 (11 June 2025)
Rule 43 interim relief was granted in part: spousal maintenance and support for the child of the marriage were ordered, but claims for the two other children were dismissed.
Mhlongo v Member of the Executive Council of Gauteng Department of Education (40579/2021) [2024] ZAGPPHC 1056 (21 October 2024)
A learner injured at school sued the Gauteng education MEC for negligent supervision, but the court found the school had taken reasonable precautions and dismissed the claim.
AJ v GJJ (10690/18) [2021] ZAGPJHC 151 (20 May 2021)
The court found that the applicant's financial position was precarious, with limited capital remaining from the sale of property and a modest income from selling antiques. The respondent's income was found to be significantly higher than alleged, based on bank statements, and his financial disclosures were incomplete. The respondent's current maintenance payments were irregular and insufficient, especially after the applicant and children moved out of the matrimonial home. The court determined that a reasonable maintenance amount should be based on previous contributions, augmented by new exp…
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A.J v G.J.J (10690/18) [2021] ZAGPJHC 76 (20 May 2021)
The court found that the applicant's reasonable maintenance needs, including rent and debt repayments, must be met pending the divorce action. The respondent's financial disclosures revealed income well above his stated amounts, justifying an increment in maintenance. The interim care regime for the minor child L was agreed and found appropriate, with supervised and phased unsupervised contact subject to a social worker's recommendation. Although the respondent is not legally obliged to support D, his historic role in loco parentis and the need to preserve the status quo warranted continued s…
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Gora v Kingswood College and Others (5517/2015) [2019] ZAECGHC 24; 2019 (4) SA 162 (ECG) (15 March 2019)
The court found that the absence of a teacher in the classroom did not, in itself, constitute negligence, as the environment did not pose an inherent risk to the learners and the pupils involved were mature enough to be expected to behave responsibly. The evidence showed that incidents of violence in unsupervised settings at Kingswood College were extremely rare, and the school had reasonable procedures and codes of conduct in place. Even if negligence were established, the indemnity clause in the enrolment contract excluded liability for ordinary negligence, and the plaintiff failed to prove…
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N v Member of the Executive Council for Education Gauteng Province (42538/2012) [2016] ZAGPJHC 170 (17 June 2016)
The court found that the school and its staff owed a duty of care to the plaintiff's minor son, a grade R learner. The evidence established that the school failed to take adequate and reasonable steps to prevent foreseeable harm, given the age and vulnerability of the learners and the risks posed by the jungle gym. The school's preventative measures were insufficient, and the supervision ratio was inadequate. The defendant did not demonstrate that all reasonable precautions were taken. The incident was foreseeable, and the school breached its duty of care. The defendant is liable for all prov…
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Van Niekerk and Another v Van Eeden and Others (4136/05) [2008] ZAFSHC 15 (13 March 2008)
The court found that the third defendant, as the authority responsible for the school, owed a legal duty to protect learners from foreseeable harm, including injuries resulting from access to dangerous substances. The evidence established that the storeroom containing drain cleaner was not properly secured, and the warning sign was not present at the time of the incident. The school failed to take reasonable steps to prevent unauthorised access, and the conduct of its employee in leaving the storeroom unlocked directly led to the injuries sustained by the second plaintiff. The incident occurr…
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