South Africa Case Law

BP Southern Africa (Pty) Ltd and Another v Boy NO 50 Trading (Pty) Ltd (Ex Tempore) (89753/2024)

BP Southern Africa (Pty) Ltd and Another v Boy NO 50 Trading (Pty) Ltd (Ex Tempore) (89753/2024) [2024] ZAGPJHC 857 (20 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

89753/2024

Judge

Wilson

The High Court granted urgent relief authorising de-branding and ejectment after finding the supply and lease agreements had been validly terminated and the fuel posed a safety risk.

• Lease Termination
• Supply Agreement Termination
• Urgent Interdict
• Arbitration Clause
• Public Safety
• Urgent-interdict

Mzaca v King Sabata Dalindyebo Local Municipality and Another (1320/2020)

Mzaca v King Sabata Dalindyebo Local Municipality and Another (1320/2020) [2024] ZAECMHC 47 (18 June 2024)

Court

Eastern Cape High Court, Mthatha

Case number

1320/2020

Judge

Notyesi

The High Court granted absolution from the instance in a municipal delict claim after finding no prima facie proof of negligence or causation.

• Negligence
• Municipal Liability
• Absolution From Instance
• Causation
• Public Safety
• Burden Of Proof

City of Ekurhuleni Metropolitan Municipality v Tshepo Gugu Trading CC and Another (1054/2022)

City of Ekurhuleni Metropolitan Municipality v Tshepo Gugu Trading CC and Another (1054/2022) [2024] ZASCA 81 (28 May 2024)

Court

Supreme Court of Appeal

Case number

1054/2022

Judges

Molemela, Schippers, Hughes, Seegobin, Mbhele

The SCA held that the municipality lawfully dismantled an illegally erected billboard because the respondent’s regularisation application lapsed for non-payment of prescribed fees.

• Spoliation
• Municipal By Laws
• Mandament Van Spolie
• Illegal Structures
• Regularisation Application
• Public Safety

Mahfouz v S (A124/2023)

Mahfouz v S (A124/2023) [2023] ZAWCHC 325 (20 December 2023)

Court

Western Cape High Court, Cape Town

Case number

A124/2023

Judge

Lekhuleleni

The court found that the magistrate's refusal to grant bail was justified. The appellant failed to discharge the onus under section 60(11)(b) of the Criminal Procedure Act to show that the interests of justice permit his release. The appellant's previous conviction for fraud, committed under similar circumstances and during the suspension period of his sentence, indicated a likelihood of reoffending. The evidence suggested he continued to practice as an unregistered doctor, posing a risk to public safety. The appellant's attempt to bribe a police officer to destroy evidence further demonstrat…

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• Bail Application
• Fraud
• Health Professions Act
• Flight Risk
• Public Safety
• Corruption Allegation

Intercape Ferreira Mainliner (Pty) Ltd v MEC for Transport, Eastern Cape and Others (2099/2022)

Intercape Ferreira Mainliner (Pty) Ltd v MEC for Transport, Eastern Cape and Others (2099/2022) [2023] ZAECMKHC 91 (22 August 2023)

Court

Eastern Cape High Court, Makhanda

Case number

2099/2022

Judge

Smith

The High Court confirmed a structural interdict requiring a revised safety plan for long-distance buses in the Eastern Cape and ordered SAPS implementation.

• Structural Interdict
• Supervisory Jurisdiction
• Separation Of Powers
• Public Safety
• National Land Transport Act
• Mandamus

Skosana v S (A206/2023)

Skosana v S (A206/2023) [2023] ZAGPPHC 701 (18 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

A206/2023

Judge

Bokako

High Court appeal succeeded in a bail matter arising from an attempted murder charge. The refusal of bail was set aside and bail was granted with conditions.

• Bail Application
• Attempted Murder
• Criminal Procedure Act Section 65
• Public Safety
• Flight Risk
• Bail-appeal

Messina v City Of Ekurhuleni Metropolitan Municipality (21/27399)

Messina v City Of Ekurhuleni Metropolitan Municipality (21/27399) [2022] ZAGPJHC 976 (4 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

21/27399

Judge

A A Crutchfield

The High Court ordered Ekurhuleni to repair specified dysfunctional streetlights within three months, finding a statutory duty to maintain functional municipal lighting.

• Municipal Service Delivery
• Final Interdict
• Local Government Duties
• Public Safety
• Locus Standi
• Municipal-service-delivery

Dubula v Nelson Mandela Bay Municipality (2695/2017)

Dubula v Nelson Mandela Bay Municipality (2695/2017) [2021] ZAECPEHC 34 (27 May 2021)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2695/2017

Judge

Govindjee

The court found that while the statutory presumption of negligence applied, the defendant municipality presented credible evidence that the CDU was vandalised and that the direct cause of harm was the insertion of a rod by another child. The municipality had constructed the CDU to be self-contained, affixed warning signs, and relied on community reporting due to the impracticality of regular inspections for thousands of units. The court balanced the foreseeability and gravity of risk against the utility of the municipality's actions and the burden of eliminating risk, concluding that the defe…

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• Municipal Liability
• Negligence
• Electricity Distribution
• Statutory Presumption
• Public Safety
• Vandalism

Boshoff v City of Cape Town (7407/16)

Boshoff v City of Cape Town (7407/16) [2019] ZAWCHC 17 (27 February 2019)

Court

Western Cape High Court, Cape Town

Case number

7407/16

Judge

P.A.L.Gamble

The High Court held that the City of Cape Town was not negligent after a man fell into a stormwater channel near Langeberg Road and dismissed the claim with costs.

• Municipal Liability
• Negligence
• Duty Of Care
• Apportionment Of Fault
• Public Safety
• Stormwater Infrastructure

Butise v City of Johannesburg and Others (5443/2007)

Butise v City of Johannesburg and Others (5443/2007) [2011] ZAGPJHC 79; 2011 (6) SA 196 (GSJ) (1 August 2011)

Court

South Gauteng High Court, Johannesburg

Case number

5443/2007

Judge

Mokgoatlheng

The court held the City of Johannesburg liable after the plaintiff fell into an uncovered valve chamber on a pavement and suffered a leg fracture.

• Municipal Liability
• Negligence
• Public Safety
• Contributory Negligence
• Res Ipsa Loquitur
• Municipal-liability