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South Africa decisions
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A.M v Transnet SOC Ltd (99978/2015) [2024] ZAGPPHC 361 (25 March 2024)
The High Court dismissed a minor's delict claim against Transnet, finding the injury was caused by a third party pushing him under a moving train.
J.M obo M.M v Imerys Refractory Minerals SA (Pty) Ltd (1958/2018) [2023] ZALMPPHC 104 (6 November 2023)
The High Court found a mine operator liable after a child fell into an unfenced disused quarry used by community members and livestock.
Minister of Police and Others v Umbhaba Estates (Pty) Ltd and Others (1281/2021) [2023] ZASCA 85; [2023] 9 BLLR 880 (SCA); (2023) 44 ILJ 2462 (SCA) (1 June 2023)
The Supreme Court of Appeal held that the police failed in their constitutional and statutory duties to prevent violence and damage to property during the strike at Umbhaba Estates. The police were repeatedly notified of the escalating situation and were made aware of court orders requiring intervention, yet their response was inadequate and fell short of what reasonable police officers would have done. The court found that both wrongfulness and negligence were established: the police's omission to act was unacceptable to constitutional and public policy standards, and the harm was reasonably…
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Mondi South Africa Ltd v Martens and Another (7764/05) [2011] ZAKZPHC 51; [2012] 1 All SA 602 (KZP); 2012 (2) SA 469 (KZP) (9 November 2011)
The court held that the common law meaning of 'owner' for the purposes of the National Veld and Forest Fire Act is determined by the incidents of ownership, specifically the right of exclusive control, possession, and alienation of the property. The first defendant had divested himself of all such incidents in favour of the second defendant through a binding agreement and power of attorney, leaving only registration of title in his name. Registration alone, without control, does not render a person an 'owner' under the Act. The decisive criterion is control over the property, which the first…
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Ward v Van Der Westhuizen (40834/2008) [2010] ZAGPPHC 157 (19 October 2010)
The High Court dismissed a motorcyclist’s delict claim after finding the evidence unreliable and holding that the landowner was not negligent or liable.
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