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South Africa Case Law

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Delict [2025] ZAWCHC 327

S.D.N v Sunwest International (Pty) Ltd t/a Grand West Casino and Entertainment World (7659/2021)

S.D.N v Sunwest International (Pty) Ltd t/a Grand West Casino and Entertainment World (7659/2021) [2025] ZAWCHC 327 (31 July 2025)

Court
Western Cape High Court, Cape Town
Case number
7659/2021
Judge
Mthimunye

The court found that the defendant, through its electrical and maintenance department, was vicariously liable for gross negligence. The exposed live wire near a busy public area and a water source posed a significant and foreseeable risk, especially to children. The defendant's employees failed to secure the area after the removal of the Christmas tree, disregarding instructions and failing to follow up on safety measures. The defendant did not call relevant witnesses to explain the failure, and the evidence established a conscious and voluntary disregard for reasonable care. The disclaimer a…

Source excerpt

  • Gross Negligence
  • Vicarious Liability
  • Personal Injury
  • Public Premises Safety
  • Res Ipsa Loquitur
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Delict [2019] ZANCHC 19

Van Zyl v Siyancuma Municipality (655/2016)

Van Zyl v Siyancuma Municipality (655/2016) [2019] ZANCHC 19 (29 March 2019)

Court
Northern Cape High Court, Kimberley
Case number
655/2016
Judge
MV Phatshoane

The High Court held Siyancuma Municipality liable for injuries suffered by an elderly plaintiff who fell on stairs after the ramp entrance was unusable.

  • Negligence
  • Omission Liability
  • Duty Of Care
  • Contributory Negligence
  • Public Premises Safety
  • Delict
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Delict [2004] ZAFSHC 57

Breytenbach v Petro Save (EDMS) Beperk h/a Engen Quick Shop College Crossing, Bloemfontein

Breytenbach v Petro Save (EDMS) Beperk h/a Engen Quick Shop College Crossing, Bloemfontein [2004] ZAFSHC 57 (10 June 2004)

Court
Free State High Court, Bloemfontein
Case number
1425/2003
Judge
Lombard, R

High Court delict claim dismissed after a slip-and-fall at a shop entrance. The court held no legal duty to warn arose on these facts.

  • Occupier Liability
  • Negligence
  • Duty Of Care
  • Public Premises Safety
  • Delict
  • Occupier-liability
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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.