South Africa Case Law

Robarts Flagship Trust v Drakenstein Municipality (A08/2024)

Robarts Flagship Trust v Drakenstein Municipality (A08/2024) [2024] ZAWCHC 140 (27 May 2024)

Court

Western Cape High Court, Cape Town

Case number

A08/2024

Judges

Salie, Kusevitsky

The court held that, as the registered owner, the appellant is ultimately liable for municipal charges arising from the prepaid electricity meter installed at the property, even if the installation was done at the behest of a tenant without the owner's knowledge or consent. The statutory and constitutional framework places the responsibility for service charges on the owner, who bears the risk associated with the property. However, the municipality's claim for charges accrued over a nine-year period is subject to the Prescription Act, which limits recoverable debt for electricity charges to t…

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• Municipal Service Charges
• Prescription Of Debt
• Electricity Supply By Law
• Owner Liability
• Credit Control Policy

Anderson v Hlongwane (11648/2006)

Anderson v Hlongwane (11648/2006) [2012] ZAGPJHC 107 (13 April 2012)

Court

South Gauteng High Court, Johannesburg

Case number

11648/2006

Judge

Weiner

The High Court held a taxi owner liable for collision damage after finding the taxi was driven on his business and under his retained right of control.

• Vicarious Liability
• Negligent Driving
• Owner Liability
• National Road Traffic Act
• Quantum Of Damages
• Vicarious-liability

Mahlase v Wakefield (A 159/2008)

Mahlase v Wakefield (A 159/2008) [2011] ZAGPPHC 166 (15 September 2011)

Court

North Gauteng High Court, Pretoria

Case number

A 159/2008

Judges

M H E Ismail, T J Kruger

The court found that the respondent was negligent in failing to ensure that the gate separating the dogs from the street was properly secured. The evidence showed that the lock was not used properly and could be easily displaced, allowing the dogs access to the street. The respondent had a duty to ensure that when she opened the driveway gate, the dogs would not run out and pose a threat to the public. Her failure to take reasonable steps to prevent the dogs from escaping amounted to negligence, making her liable for the injuries sustained by the appellant. The respondent's argument that the…

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• Negligence
• Liability For Animal Attacks
• Duty Of Care
• Owner Liability

Jacobs v Dikhoele (5483/2005)

Jacobs v Dikhoele (5483/2005) [2007] ZAFSHC 15 (15 February 2007)

Court

Free State High Court, Bloemfontein

Case number

5483/2005

Judge

C.J. Musi

The High Court held that the plaintiff failed to prove that the driver was employed by the defendant or that owner liability applied. The claim was dismissed with costs.

• Vicarious Liability
• Negligence
• Employment Relationship
• Owner Liability
• Burden Of Proof
• Vicarious-liability

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