South Africa Case Law

Stedall and Another v Aspeling and Another (1326/2016)

Stedall and Another v Aspeling and Another (1326/2016) [2017] ZASCA 172; 2018 (2) SA 75 (SCA) (1 December 2017)

Court

Supreme Court of Appeal

Case number

1326/2016

Judges

Cachalia, Leach, Petse, Mocumie, Ploos van Amstel

The Supreme Court of Appeal held that the respondents failed to establish the element of wrongfulness required for delictual liability. The child was brought to the appellants' home under the supervision of her mother, who was aware of the swimming pool and its potential dangers. The law does not require a homeowner to provide greater supervision than the parent, nor does it impose an absolute duty to secure every potential danger on the property. The omission to secure the pool gate was not wrongful in the circumstances, as public and legal policy do not demand liability where a child guest…

Source excerpt

• Negligent Omission
• Wrongfulness
• Parental Supervision
• Liability Of Landowner
• Apportionment Of Blame

White v Kheis! Municipality (429/2013)

White v Kheis! Municipality (429/2013) [2015] ZANCHC 41 (22 May 2015)

Court

Northern Cape High Court, Kimberley

Case number

429/2013

Judge

Olivier

The High Court held that the municipality could be liable to maintain the fence beside the N10, and dismissed its special plea alleging misjoinder.

• Maintenance Of Fences
• Liability Of Landowner
• Misjoinder
• Statutory Duties
• Common Law Duty
• Fence-maintenance