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South Africa decisions
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National Consumer Commission v Vodacom (Pty) Ltd (NCT/205517/2021/73(2)(b)) [2022] ZANCT 13 (26 February 2022)
The Tribunal dismissed the NCC’s referral against Vodacom on procedural grounds, finding the investigation unauthorised, delayed, and unfair to the respondent.
Local Transitional Council of Delmas and Another v Boschoff (302/2004) [2005] ZASCA 57; [2005] 4 All SA 175 (SCA); 2005 (5) SA 514 (SCA) (31 May 2005)
The Supreme Court of Appeal held that the court a quo confused the elements of wrongfulness and negligence, failing to properly investigate whether the defendants' omissions were both wrongful and negligent, and whether they were causally connected to the plaintiff's loss. The establishment of Botleng 3 was authorised by statute and not per se unlawful, but the defendants' failure to take reasonable preventative measures could be wrongful if negligent. The court found that, in the circumstances, negligent omissions by the defendants would have been wrongful and thus actionable. However, the i…
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Diepsloot Residents' and Landowners' Association v Administrator, Transvaal (321/93) [1994] ZASCA 24; 1994 (3) SA 336 (AD); [1994] 2 All SA 299 (A) (24 March 1994)
The court held that the informal settlement was authorised by statute, the administrative decision was not grossly unreasonable, and the appeal failed.
East London Western Districs and Others v Minister of Education and Development Aid and Others (444/86) [1988] ZASCA 172; [1989] 2 All SA 163 (A) (1 December 1988)
The court held that the settlement at Needs Camp created a public nuisance affecting neighbouring farmers, and that statutory authority did not justify the interference.
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