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South Africa decisions
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Mlonyeni v Eskom Holdings SOC Limited (2323/23) [2025] ZAECMHC 70 (31 July 2025)
The High Court dismissed a negligence claim against Eskom after finding the plaintiff failed to prove the fire was caused by the meter box or any breach of duty.
N[...] v N[...] (A120/2024) [2025] ZAFSHC 160 (4 June 2025)
The appeal court found that the trial court correctly evaluated the evidence and credibility of the parties. The appellant failed to prove on a balance of probabilities that the respondent assaulted him or maliciously instituted proceedings against him. The appellant's version was improbable and motivated by financial interests, while the respondent's actions were bona fide and aimed at ensuring her safety. The trial court's findings were supported by the record, and there was no misdirection warranting interference. The requirements for malicious proceedings were not met, and the appellant's…
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Tsheletshe v Passenger Rail Agency of South Africa (A115/23) [2025] ZAGPPHC 279 (18 March 2025)
High Court appeal arising from a PRASA train accident claim. The court found the probabilities evenly balanced and substituted absolution from the instance.
T.P.M v Road Accident Fund (Majority Judgment) (A150/2023) [2024] ZAFSHC 312 (26 September 2024)
High Court appeal on RAF liability for a child injured after falling from a bakkie was upheld; the driver was held negligent and liable for 100% of damages.
N.C.Z and Another v K.M.N (Leave to Appeal) (33078/2019) [2024] ZAGPJHC 871 (26 August 2024)
The High Court dismissed leave to appeal against a factual trial judgment, finding no reasonable prospect that an appeal court would disturb the evidence-based findings.
Nojiyeza v S (AR185/23) [2024] ZAKZPHC 63; 2024 (2) SACR 516 (KZP) (12 August 2024)
The court found that the admissions made by the appellant's legal representative during pre-trial conferences regarding the ballistic report and chain evidence constituted formal admissions under section 220 of the Criminal Procedure Act. These admissions relieved the State of the burden to prove those facts, and the appellant did not challenge or seek to revoke them at any stage. The ballistic report was properly admitted, and the appellant's attorney had a copy, making it unnecessary to read it into the record. The evidence of the police officers was corroborated and clear regarding the rec…
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Sekhu v Makhathini and Another (A311/2023) [2024] ZAGPPHC 687 (22 July 2024)
Appeal dismissed in a motor collision damages case; the High Court upheld the trial court’s finding that the appellant failed to prove negligence.
Myathaza v Sportcene Mthatha (5545/2022) [2024] ZAECMHC 53 (20 June 2024)
The High Court held Sportscene 100% liable after finding that the plaintiff slipped on a wet mat at the store entrance and not outside the premises.
Motau v S (A53/2023) [2023] ZAGPPHC 1927 (17 November 2023)
Appeal against a rape conviction upheld where the High Court found the trial court failed to weigh all evidence holistically and overlooked material corroboration.
Frank v Road Accident Fund (00863/2022) [2023] ZAGPJHC 1183 (19 October 2023)
The court found that the most probable cause of the accident was the plaintiff losing control of his motorcycle and hitting the road barriers, as reflected in the accident report authored by the retired police officer. The plaintiff failed to provide credible evidence to support his version that the accident was caused by the negligent driving of an unknown insured driver. The hearsay evidence regarding criminal syndicates was inadmissible, and the plaintiff did not call any witnesses to corroborate his account. The discrepancies in the plaintiff's personal details were immaterial, and his cr…
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