South Africa Case Law

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

Jobela v Member of the Executive Council Responsible for the Department of Transport: Eastern Cape (2326/2024)

Jobela v Member of the Executive Council Responsible for the Department of Transport: Eastern Cape (2326/2024) [2024] ZAECMHC 57 (25 June 2024)

Court

Eastern Cape High Court, Mthatha

Case number

2326/2024

Judge

Majiki

The court found that the applicant failed to establish unlawful dispossession of his bus. The impoundment was authorised under section 87(1) of the National Land Transport Act and section 42(2) of the National Road Traffic Act, as the bus did not display a valid license and roadworthy disc and the disc was withheld due to outstanding payment on another vehicle. The applicant did not adequately explain the administrative issue or demonstrate that he had no alternative remedy, as he could pay the outstanding amounts or fines to recover possession. The urgency claimed by the applicant was not su…

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• Mandament Van Spolie
• Impoundment Of Motor Vehicle
• Road Traffic Regulation
• Urgency
• Alternative Remedy

Dekra Automotive (Pty) Ltd and Others v MEC for Transport, Kwazulu-Natal (1806/2021P)

Dekra Automotive (Pty) Ltd and Others v MEC for Transport, Kwazulu-Natal (1806/2021P) [2022] ZAKZPHC 64 (31 October 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

1806/2021P

Judge

Balton

The court found that neither the National Road Traffic Act nor its regulations expressly prohibit the provision of additional services at vehicle testing stations. The respondent failed to point to any statutory or contractual provision currently in force that would bar the applicants from offering such services. The agreements relied upon by the respondent had expired, and there was no evidence of a current agreement prohibiting additional services. The respondent was aware of the applicants' practice of providing additional services and did not object for a significant period, thereby creat…

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• Legitimate Expectation
• Procedural Fairness
• Road Traffic Regulation
• Vehicle Testing Station Agreements

Matshoba v Road Accident Fund (EL 348/2012, ECD848/2012)

Matshoba v Road Accident Fund (EL 348/2012, ECD848/2012) [2015] ZAECELLC 4 (17 February 2015)

Court

Eastern Cape High Court, East London Local Court

Case number

EL348/2012, ECD848/2012

Judge

T Malusi

Leave to appeal in a road-accident negligence matter was dismissed. The court held that statutory contravention alone did not prove contributory negligence.

• Leave To Appeal Requirements
• Contributory Negligence
• Road Traffic Regulation
• Negligence
• Statutory Contravention
• Leave-to-appeal

Abetti v Road Accident Fund (18834/05)

Abetti v Road Accident Fund (18834/05) [2008] ZAGPHC 233 (25 July 2008)

Court

High Courts - Gauteng

Case number

18834/05

Judge

Molopa

Motor vehicle collision claim in which the court found both drivers negligent and apportioned liability equally, 50% to each party.

• Motor Vehicle Collision
• Contributory Negligence
• Apportionment Of Liability
• Road Traffic Regulation
• Motor-vehicle-collision
• Contributory-negligence

Clearing Agents, Receivers and Shippers v Member of the Executive Council, Transport, KwaZulu Natal and Others (659/05)

Clearing Agents, Receivers and Shippers v Member of the Executive Council, Transport, KwaZulu Natal and Others (659/05) [2007] ZASCA 35; [2007] SCA 35 (RSA); [2008] 1 All SA 1 (SCA) (28 March 2007)

Court

Supreme Court of Appeal

Case number

659/05

Judges

Scott, Nugent, Lewis, Jafta, Cachalia

The SCA held that Regulation 84 of the National Road Traffic Act did not allow temporary or special permits for imported vehicles driven through South Africa for export.

• Statutory Interpretation
• Road Traffic Regulation
• Temporary Permits
• Declaratory Relief
• Statutory-interpretation
• Road-traffic-regulation