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South Africa decisions
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Law v Knysna Municipality (20124/19) [2024] ZAWCHC 261 (12 September 2024)
The High Court dismissed a delict claim against Knysna Municipality over a fall on a walkway serving a business centre, finding no legal duty or negligence.
Cobra Towing CC v Mangaung Metropolitan Municipality and Others (5264/2021) [2024] ZAFSHC 277; [2024] 4 All SA 423 (FB) (5 September 2024)
Municipality liable after a water interruption left fire hydrants dry, preventing fire containment. General damages were awarded; consequential damages failed.
Mtyido v City of Cape Town (5044/2015) [2020] ZAWCHC 196 (24 June 2020)
The court found that the plaintiff and her witness, Xwayi, provided credible and corroborated evidence that the manhole in Khwezi Street was uncovered and that Xwayi had reported it to a City employee prior to the incident. The City failed to produce records or witnesses with direct knowledge to refute this. The omission by the City’s employee to forward the complaint constituted negligence. The City, as a local government, has a constitutional and legal duty to maintain public infrastructure safely. The plaintiff was not contributorily negligent, as the sidewalk was unsafe and she could not…
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Du Plessis v Nelson Mandela Metropolitan Municipality (CA 371/08) [2009] ZAECGHC 54 (20 August 2009)
The municipality was repeatedly notified of the dangerous hole in the road but failed to take any action to repair it or warn road users. The evidence established that the hole posed a real risk, and the municipality's omission was unreasonable in the circumstances. The legal convictions of the community demanded that the municipality act to prevent foreseeable harm. The respondent's system for recording complaints was unreliable, and the evidence of prior notice was accepted. The municipality's failure to inspect, repair, or warn constituted negligence and a breach of its duty of care. The a…
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BoE Bank Ltd v Ries (247/2000) [2001] ZASCA 132; [2002] 2 All SA 247 (A); 2002 (2) SA 39 (SCA) (27 November 2001)
The SCA held that a bank broker had no legal duty to ensure a beneficiary-change form was signed and lodged, so the respondent’s delict claim failed.
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