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South Africa Case Law

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Delict [2023] ZASCA 163

City of Cape Town v Mtyido (1272/2022)

City of Cape Town v Mtyido (1272/2022) [2023] ZASCA 163 (1 December 2023)

Court
Supreme Court of Appeal
Case number
1272/2022
Judges
Gorven, Weiner, Goosen, Koen, Kathree-Setiloane

The Supreme Court of Appeal held that the respondent's evidence, corroborated by Mr Xwayi, established that she was injured by falling into an open manhole in Khwezi Street, which had previously been reported to an employee of the appellant. The court found that the trial court and full court correctly accepted the credibility and reliability of the respondent and Mr Xwayi, and that the probabilities favoured the respondent's version. The appellant's reliance on system records and circumstantial evidence did not outweigh direct testimony. The court concluded that the municipality had prior kn…

Source excerpt

  • Municipal Liability
  • Wrongfulness
  • Negligence
  • Onus Of Proof
  • Public Infrastructure Safety
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Delict [2020] ZAWCHC 196

Mtyido v City of Cape Town (5044/2015)

Mtyido v City of Cape Town (5044/2015) [2020] ZAWCHC 196 (24 June 2020)

Court
Western Cape High Court, Cape Town
Case number
5044/2015
Judge
Dolamo

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…

Source excerpt

  • Municipal Liability
  • Omission
  • Negligence
  • Apportionment Of Damages Act
  • Public Infrastructure Safety
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.