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South Africa Case Law

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Delict [2024] ZAECQBHC 63

Klatte v Drs Visser, Erasmus, Vawda and Partners (1372/2016)

Klatte v Drs Visser, Erasmus, Vawda and Partners (1372/2016) [2024] ZAECQBHC 63 (29 October 2024)

The High Court refused absolution after the plaintiff’s case in a delict claim arising from a fall during an x-ray procedure, finding the matter not clear-cut.

  • Medical Negligence
  • Absolution From Instance
  • Reasonable Foreseeability
  • Culpa
  • Medico Legal Dispute
  • Delict
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Criminal Law [2011] ZAFSHC 106

S v Jopson

S v Jopson [2011] ZAFSHC 106 (30 June 2011)

On appeal from a culpable homicide conviction, the court found death was not reasonably foreseeable and substituted assault with intent to cause grievous bodily harm.

  • Culpable Homicide
  • Assault With Intent To Do Grievous Bodily Harm
  • Reasonable Foreseeability
  • Self Defence
  • Sentencing
  • Provocation
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Delict [1998] ZASCA 64

Malahe and Others v Minister of Safety and Security and Others (401/96)

Malahe and Others v Minister of Safety and Security and Others (401/96) [1998] ZASCA 64; 1999 (1) SA 528 (SCA); [1998] 4 All SA 246 (A) (10 September 1998)

Police officers shot at a fleeing Toyota during a chase. The Supreme Court of Appeal held the shooting unlawful and negligent, and upheld damages liability.

  • Unlawful Assault
  • Negligence
  • Vicarious Liability
  • Use Of Firearms By Police
  • Reasonable Foreseeability
  • Unlawful-assault
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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.