South Africa Case Law

Cornelissen v Siyancuma Munisipaliteit (CA&R 45/2009)

Cornelissen v Siyancuma Munisipaliteit (CA&R 45/2009) [2010] ZANCHC 34 (20 August 2010)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 45/2009

Judges

Olivier, Majiedt

The court held that the appellant failed to provide a satisfactory explanation for the delay in prosecuting the appeal, as the rules do not require the record to be available before applying for a hearing date. The unavailability of the record was not a valid excuse. On the merits, the court found that the respondent did not owe a legal duty to maintain the fence adjacent to the public road, as no animals were kept on the relevant land and grazing was expressly prohibited. The facts were distinguishable from the cases relied upon by the appellant, as there was no foreseeability of harm and no…

Source excerpt

• Condonation Of Late Appeal
• Negligence
• Duty Of Care
• Municipal Liability
• Maintenance Of Fencing
• Ownership And Control

Swartz v Delport (224/2000)

Swartz v Delport (224/2000) [2001] ZASCA 116; [2002] 2 All SA 309 (A) (28 September 2001)

Court

Supreme Court of Appeal

Case number

224/2000

Judges

Mpati, Hefer, Mthiyane, Conradie, Nugent

The Supreme Court of Appeal held that the appellant failed to prove negligence after his car collided with a bull that had reached the road through fencing.

• Negligence
• Burden Of Proof
• Res Ipsa Loquitur
• Owner Liability
• Maintenance Of Fencing
• Burden-of-proof