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South Africa decisions
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Schol Property and Counsulting v Gajjar (CA42/2024) [2024] ZAECMKHC 130; [2025] 1 All SA 733 (ECG) (3 December 2024)
Appeal over mall slip-and-trip liability dismissed after the court held a white line was not a sufficient warning of a raised paving hazard.
Swarts v Minister of Public Works and Infrastructure and Another (2596/2020) [2022] ZAECQBHC 21 (12 August 2022)
The court found that both the first and second defendants owed a legal duty to the plaintiff and the public to keep the court building safe and free of hazards. The defendants admitted the legal duty but argued that appointing Sky Ground, an independent contractor, discharged their responsibility. The court rejected this argument, holding that merely appointing a contractor did not absolve the defendants of their duty, especially as they failed to monitor or ensure compliance with safety requirements. The evidence established that the plaintiff slipped on water in the passageway, no warning s…
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Van Schalkwyk v Menlyn Corner Body Corporate and Others (59346/2017) [2019] ZAGPPHC 1021 (12 December 2019)
The High Court granted condonation for a nine-day late amendment after an exception was upheld, and ordered the applicant’s attorney to pay wasted costs.
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