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South Africa decisions
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Puseletso v MEC for Police, Roads and Transport (1334/2017) [2025] ZAFSHC 106 (27 March 2025)
High Court delict trial about a road accident caused by potholes on the R34. The court held the provincial road authority liable for 100% of proven damages.
Member of the Executive Council: Police, Roads & Transport, Free State Province v Mphuthi (4143/2018) [2024] ZAFSHC 257 (23 August 2024)
Leave to appeal in a motor vehicle accident matter was dismissed after the court found no reasonable prospect of success on the negligence findings.
Ndlovu v MEC for Police, Roads and Transport Free State Province and Others (A150/2021) [2024] ZAFSHC 228 (19 July 2024)
The High Court dismissed an appeal against absolution from the instance in a road-accident damages claim, finding no prima facie case of negligence or causation.
Swart v Member of the Executive Council for Police, Roads and Transport (912/2018) [2024] ZAFSHC 200 (14 June 2024)
The High Court dismissed a motorcyclist’s delictual claim against the Free State MEC for Roads and Transport after finding he failed to prove road defect liability.
Jacobs v MEC for Publice Works and Roads (2218/2019) [2024] ZANWHC 73 (12 March 2024)
The court found that the defendant was negligent in failing to maintain the Sterkstroom gravel road and keep it in a constant state of repair. The evidence, including expert testimony and photographs, established the existence of numerous potholes, lack of warning signs, and poor road maintenance. The defendant led no evidence to challenge these facts. The plaintiff's vehicle and tyres were in good condition, and the accident reconstruction placed the speed at approximately 80 km/h, consistent with the damage sustained. The court rejected the defendant's denial of negligence and its alternati…
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Mphuthi v Maluti-A-Phofung Local Municipality and Others (4143/2018) [2024] ZAFSHC 67 (29 February 2024)
The High Court found both the plaintiff and the road authority negligent after a gravel-road accident caused by potholes and a nearby donga.
L.J.DT and Others v Member of the Executive Council Department of Police, Roads and Transport, Free State Province (4312/2021) [2024] ZAFSHC 40 (12 February 2024)
The High Court held the defendant liable for a pothole-caused accident on the R708, finding negligence, wrongfulness, and a causal link on the probabilities.
M.J.P.R v Wessels and Another - Appeal (A79/2021) [2023] ZAFSHC 428 (2 November 2023)
The court held that the appellant failed to provide any explanation for the year-long delay after terminating her previous attorneys and for the four-month delay in filing the condonation application. The absence of a full and reasonable explanation for the entire period of delay is fatal to the condonation application. The interests of the minor children, while important, cannot overcome the fundamental flaw of a complete lack of explanation. The appeal was dismissed as the requirements for condonation under section 3(4)(b) of the Institution of Legal Proceedings Against Certain Organs of St…
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Hayward v South African National Roads Agency Limited (1831/2022) [2023] ZAECMKHC 113 (17 October 2023)
The High Court found SANRAL liable for 100% of the plaintiff’s damages after a road accident caused by a loose barricade netting at a damaged guard rail.
Brews v Member of the Executive Council for Public Works, Roads and Transport: North West Province (115/2020) [2023] ZANWHC 83 (20 June 2023)
The High Court held the province 100% liable after a motorcycle crash linked to a badly maintained road and inadequately placed warning signs.
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