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South Africa decisions
Decisions matching the current search
Korea Shipping Corporation and Another v South African Weather Service (AR83/2020) [2022] ZAKZDHC 48 (11 November 2022)
The High Court dismissed exceptions in a maritime claim against the South African Weather Service over alleged failure to issue a severe weather warning.
Calitz and Others v Minister of Police (62934/2014) [2021] ZAGPPHC 733 (29 October 2021)
The High Court held that SAPS members omitted to search a detainee after a civilian arrest, but the omission was not negligent and did not cause his suicide.
D.T N.O v Member of the Executive Council for Health, Mpumalanga (91622/2016) [2020] ZAGPPHC 770 (18 September 2020)
High Court delict claim over alleged negligent labour monitoring that led to a child’s hypoxic brain injury and cerebral palsy; defendant held liable.
Meyer v Minister of Correctional Services (1299/2014) [2016] ZAECPEHC 67 (4 October 2016)
The High Court held the Minister of Correctional Services liable for injuries the plaintiff suffered in prison after finding negligent failures in inmate searches and supervision.
City of Johannesburg v Swanepoel NO and Others (JR2316/12) [2016] ZALCJHB 80; (2016) 37 ILJ 1400 (LC) (26 February 2016)
Review of a CCMA pre-dismissal arbitration award. The Labour Court found a transfer instruction reasonable, the refusal insubordinate, and declared the dismissal substantively fair.
Minister of Correctional Services v Tyatya (1850/2010) [2014] ZAECPEHC 88 (11 December 2014)
The High Court refused leave to appeal against a damages award for injuries sustained by a prisoner in three inmate assaults, finding no reasonable prospect of success.
Buffalo Conservation 97 (Pty) Ltd v Di and Others (40602/08) [2014] ZAGPPHC 996 (10 December 2014)
High Court delict claim over refusal to test buffalo calves and process a breeding project under the Animal Diseases Act; defendants held liable for proven damages.
Tyatya v Minister of Correctional Services (1850/2010) [2014] ZAECPEHC 8 (21 February 2014)
The court found that the defendant's employees failed to conduct regular searches of inmates and cells as required by the Correctional Services Act, its regulations, and standing orders. This omission occurred in circumstances where attacks on inmates were common, and the lack of regular searches enabled assailants to possess weapons used in assaults against the plaintiff. The court held that the employees' failure constituted negligence and a breach of their statutory duty to provide a safe environment. The defendant's arguments regarding different treatment for awaiting trial prisoners were…
Source excerpt
Samuels v Vuka Marketing (Pty) Ltd and Others (23237/12) [2013] ZAGPPHC 412 (10 December 2013)
High Court held the plaintiff had not pleaded specific statutory or regulatory duties against state defendants, so the exception to the particulars of claim was upheld.
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