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

M.M obo O.M and Z.M v Director General: The Department of Home Affairs and Another (079602/24)

M.M obo O.M and Z.M v Director General: The Department of Home Affairs and Another (079602/24) [2024] ZAGPPHC 1068 (22 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

079602/24

Judge

GN Moshoana

The applicants failed to establish a clear right to be allowed to apply for birth registration, as they did not allege or prove that they completed the prescribed forms required by statute. The Department of Home Affairs does not have a statutory duty to allow parties to apply; such a duty only arises once a proper application is deposited. The relief sought is ineffective, as the law already allows parties to give notice of birth on the prescribed form. The applications are vague, lack evidence of official misconduct, and constitute an abuse of legal process. The Thusi judgment is distinguis…

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• Mandamus
• Registration Of Birth
• Statutory Duty
• Abuse Of Process

Cobra Towing CC v Mangaung Metropolitan Municipality and Others (5264/2021)

Cobra Towing CC v Mangaung Metropolitan Municipality and Others (5264/2021) [2024] ZAFSHC 277; [2024] 4 All SA 423 (FB) (5 September 2024)

Court

Free State High Court, Bloemfontein

Case number

5264/2021

Judge

Van Zyl

Municipality liable after a water interruption left fire hydrants dry, preventing fire containment. General damages were awarded; consequential damages failed.

• Municipal Liability
• Negligence
• Omission
• Fire Damage
• Apportionment Of Damages Act
• Statutory Duty

Sampson v Minister of Justice and Correctional Services and Others

Sampson v Minister of Justice and Correctional Services and Others [2023] ZAGPPHC 450; 81791/2018 (19 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

81791/2018

Judge

C J van der Westhuizen

The High Court upheld defendants’ condonation request and exceptions, finding the plaintiff’s third particulars of claim vague, embarrassing, and lacking a cause of action.

• Exception Procedure
• Condonation
• Vague And Embarrassing Pleading
• Delictual Claim Requirements
• Statutory Duty
• Damages Calculation

Prozel 105 CC v Freegold (Harmony) (Pty) Ltd (2215/2022)

Prozel 105 CC v Freegold (Harmony) (Pty) Ltd (2215/2022) [2023] ZAFSHC 106 (5 April 2023)

Court

Free State High Court, Bloemfontein

Case number

2215/2022

Judge

Daniso

The court found that the defendant's exceptions were without merit. The plaintiff's particulars of claim, read as a whole, disclosed a proper cause of action both in the main and in the alternative claims. The MPRDA does not preclude the plaintiff from relying on NEMA or pursuing damages for environmental contamination. The claims based on constitutional rights, statutory duty, common law, and nuisance were pleaded with sufficient particularity to enable the defendant to plead. The quantification of damages and the causal link between the defendant's conduct and the alleged harm were adequate…

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• Mining Rights
• Environmental Contamination
• Nuisance
• Statutory Duty
• Constitutional Damages
• Quantification Of Damages

Benteler South Africa (Pty) Ltd v Morris Material Handling SA (Pty) Ltd t/a Crane Aid (3354/2021)

Benteler South Africa (Pty) Ltd v Morris Material Handling SA (Pty) Ltd t/a Crane Aid (3354/2021) [2022] ZAECQBHC 22 (16 August 2022)

Court

Eastern Cape High Court, Gqeberha

Case number

3354/2021

Judge

O H Ronaasen

The High Court upheld an exception to particulars of claim over a crane derailment dispute, finding the pleading vague, embarrassing, and unclear as to contract or delict.

• Vague And Embarrassing Pleading
• Cause Of Action
• Contract Vs Delict
• Special Damages
• Statutory Duty
• Vague-and-embarrassing-pleading

Essack and Another v Sun International South Africa (Pty) Ltd and Others (2020/23294)

Essack and Another v Sun International South Africa (Pty) Ltd and Others (2020/23294) [2022] ZAGPJHC 353; 2022 (6) SA 221 (GJ) (24 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/23294

Judge

Bester

The court held that the duties imposed by the North West Gambling Regulations, specifically regulations 22 and 23, are owed to society through the State and do not confer a civil remedy on excluded persons who breach their own exclusion. The regulatory framework is designed to protect the community, not to insure individual gamblers against their losses. The first plaintiff, having voluntarily excluded himself and then chosen to gamble, is the author of his own misfortune. The pleadings do not establish knowledge on the part of the first defendant of the first plaintiff's identity as an exclu…

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• Exception Procedure
• Statutory Duty
• Aquilian Liability
• Excluded Persons
• Casino Regulation
• Pure Economic Loss

Minister of Social Development and Others v SA Childcare (Pty) Ltd and Others (36962/2020)

Minister of Social Development and Others v SA Childcare (Pty) Ltd and Others (36962/2020) [2020] ZAGPPHC 794 (14 December 2020)

Court

North Gauteng High Court, Pretoria

Case number

36962/2020

Judge

N Janse Van Nieuwenhuizen

The High Court granted the Minister leave to appeal on a narrow question about a statutory and constitutional duty under DORA, but dismissed the MECs' leave application with costs.

• Division Of Revenue Act
• Conditional Grants
• Early Childhood Development
• Public Finance Management Act
• Statutory Duty
• Constitutional Duty

Sinukela v King Sabata Dalindyebo Municipality and Another (3123/17)

Sinukela v King Sabata Dalindyebo Municipality and Another (3123/17) [2019] ZAECMHC 27 (4 June 2019)

Court

Eastern Cape High Court, Mthatha

Case number

3123/17

Judge

Z M Nhlangulela

The High Court held the municipality liable after a plaintiff fell into an uncovered drainage tank, finding negligent omission and sufficient causal connection.

• Municipal Liability
• Negligence
• Statutory Duty
• Causation
• Personal Injury
• Municipal-liability

Body Corporate of Annper Heights v City of Johannesburg (2017/38126)

Body Corporate of Annper Heights v City of Johannesburg (2017/38126) [2018] ZAGPJHC 408 (25 October 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2017/38126

Judge

Windell

The court found that the applicant failed to establish a basis for the statement and debatement of account, as it did not plead a fiduciary relationship, contractual obligation, or statutory duty. Reliance on section 95 of the Local Government Municipal Systems Act was misplaced, as the section does not confer a right to debatement but only to receive accurate accounts and access dispute mechanisms. The court applied the principles from Absa Bank BPK v Janse van Rensburg and Moila v City of Tshwane Metropolitan Municipality, finding no compelling reason or reasonable prospects of success for…

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• Statement And Debatement Of Account
• Municipal Services Dispute
• Leave To Appeal
• Statutory Duty
• Prospects Of Success