South Africa Case Law

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…

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• Gross Negligence
• Vicarious Liability
• Personal Injury
• Public Premises Safety
• Res Ipsa Loquitur

Williams v Beyerskloof Wine Bar (Pty) Ltd (16561/20)

Williams v Beyerskloof Wine Bar (Pty) Ltd (16561/20) [2025] ZAWCHC 240 (29 May 2025)

Court

Western Cape High Court, Cape Town

Case number

16561/20

Judge

Mantame

The High Court held a restaurant liable after a diner swallowed a needle-like object in food, applying res ipsa loquitur and finding negligence and causation.

• Personal Injury
• Res Ipsa Loquitur
• Duty Of Care
• Negligence
• Causation
• Restaurant Liability

Smith v Klawervlei Sitrus CC (A 189/2023)

Smith v Klawervlei Sitrus CC (A 189/2023) [2025] ZAWCHC 98; [2025] 2 All SA 896 (WCC) (11 March 2025)

Court

Western Cape High Court, Cape Town

Case number

A189/2023

Judges

Mangcu-Lockwood, Van Zyl

The court held that the mere presence of the respondent's cow on the public road did not create a presumption of negligence. The appellant failed to present any evidence as to how the cow ended up on the road, the state of the fencing, or any omission by the respondent. The maxim res ipsa loquitur was found to be inapplicable in these circumstances, as established by binding authority. Regulation 313 under the National Road Traffic Act creates a statutory offence but does not give rise to a civil presumption of negligence or liability. The appellant's reliance on Mofokeng v Moloi and Enslin v…

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• Negligence
• Absolution From The Instance
• Animals On Public Road
• Res Ipsa Loquitur
• Statutory Duty
• Road Traffic Regulation

Rukanda v Road Accident Fund (015520/2022)

Rukanda v Road Accident Fund (015520/2022) [2025] ZAGPJHC 184 (4 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

015520/2022

Judge

Weideman

High Court liability judgment in a road accident claim. The court found the plaintiff gave a credible explanation for a rear-end collision and ordered 100% liability against the RAF.

• Road Accident Liability
• Res Ipsa Loquitur
• Separation Of Merits And Quantum
• Party And Party Costs
• Road-accident-liability
• Res-ipsa-loquitur

Morrison v MSA Devco (Pty) Ltd (5229/2018)

Morrison v MSA Devco (Pty) Ltd (5229/2018) [2025] ZAWCHC 21 (30 January 2025)

Court

Western Cape High Court, Cape Town

Case number

5229/2018

Judge

P D Andrews

The court found, on a balance of probabilities, that the plaintiff was present at the defendant's restaurant and slipped and fell on a wet floor due to the defendant's failure to comply with its own cleaning protocols and to place adequate warning signs. The evidence of the plaintiff and her witness was preferred over the contradictory accounts of the defendant's witnesses, none of whom observed the incident directly. The defendant failed to call the actual cleaner who witnessed the incident. The absence of wet floor notices in the area where the plaintiff fell, combined with the defendant's…

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• Personal Injury
• Occupier Liability
• Res Ipsa Loquitur
• Disclaimer Notice
• Duty Of Care
• Contributory Negligence

Du Plessis v Member of the Executive Council for Health and Social Development for the North West Province (1069/21)

Du Plessis v Member of the Executive Council for Health and Social Development for the North West Province (1069/21) [2024] ZANWHC 199 (22 July 2024)

Court

North West High Court, Mafikeng

Case number

1069/21

Judge

Petersen

The High Court dismissed a medical negligence claim after finding the plaintiff failed to prove negligence from an alleged broken IV drip and subsequent treatment.

• Medical Negligence
• Onus Of Proof
• Res Ipsa Loquitur
• Standard Of Care
• Medical-negligence
• Onus-of-proof

C.B.M v Member of the Executive Council for Health of the Gauteng Provincial Government (21623/18)

C.B.M v Member of the Executive Council for Health of the Gauteng Provincial Government (21623/18) [2024] ZAGPPHC 562 (12 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

21623/18

Judge

Francis-Subbiah

High Court medical negligence claim over delayed caesarean care, missing hospital records, hysterectomy, and failure to provide counselling.

• Medical Negligence
• Hospital Recordkeeping
• Postpartum Depression
• Standard Of Care
• Res Ipsa Loquitur
• Damages For Loss Of Amenities

Dakada v Road Accident Fund (EL500/2021)

Dakada v Road Accident Fund (EL500/2021) [2024] ZAECELLC 13 (30 April 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL500/2021

Judge

T.V. Norman

The court found the Road Accident Fund 100% liable after a motor collision, applying res ipsa loquitur where the defendant offered no explanation.

• Motor Vehicle Collision
• Negligence
• Res Ipsa Loquitur
• Liability Of Road Accident Fund
• Motor-vehicle-collision
• Res-ipsa-loquitur

Masango v Road Accident Fund (1791/21)

Masango v Road Accident Fund (1791/21) [2024] ZAMPMHC 25 (25 April 2024)

Court

Middelburg High Court, Mpumalanga

Case number

1791/21

Judge

K F Phahlamohlaka

The court found that the plaintiff and his witness provided credible and uncontested evidence that the insured driver of the Sprinter negligently caused the accident by attempting to squeeze between the plaintiff's vehicle and a bus, forcing the plaintiff to swerve and lose control. The defendant failed to present any evidence to the contrary and did not successfully challenge the credibility of the plaintiff's witnesses. The court held that even if minor contradictions existed, they were not material enough to affect the outcome. The principle of res ipsa loquitur, as argued by the defendant…

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• Road Accident Fund Act
• Negligence
• Res Ipsa Loquitur
• Liability
• Motor Vehicle Accident

Bomela v Road Accident Fund (1345/22)

Bomela v Road Accident Fund (1345/22) [2024] ZANCHC 35 (22 March 2024)

Court

Northern Cape High Court, Kimberley

Case number

1345/22

Judge

Nxumalo

The High Court held the Road Accident Fund 100% liable after finding the insured driver caused a head-on collision by overtaking into the plaintiff’s lane.

• Road Accident Fund Liability
• Negligence
• Contributory Negligence
• Res Ipsa Loquitur
• Apportionment Of Damages
• Road-accident-fund