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South Africa decisions
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Barnard and Another v Minister of Environmental Affairs and Others (9952/2019) [2025] ZAGPPHC 705 (14 July 2025)
The High Court held the State liable after a Working for Water herbicide treatment contaminated irrigation water and damaged crops on a Limpopo farm.
R.A v Head of Department of Education, Northern Cape Province and Others (966/16) [2024] ZANCHC 85 (6 September 2024)
The High Court held that the State’s liability under section 60(1) of the Schools Act is statutory, so no apportionment with the bus operator could be made.
Molapo v Emalahleni Local Municipality (4146/2021) [2024] ZAMPMHC 32 (30 May 2024)
The High Court dismissed a damages claim arising from an electrocution at a municipal substation, finding the municipality had rebutted the statutory presumption of negligence.
Nosana v Road Accident Fund (1092/2021) [2023] ZAFSHC 354 (8 September 2023)
The court held that the defendant's liability to the plaintiff arises from section 17(1) of the Road Accident Fund Act and is not affected by the plaintiff's contractual relationship with a medical aid scheme. The defendant remains liable for past medical expenses, even if those expenses were paid by the medical aid. The internal directive relied upon by the defendant is inconsistent with the enabling statute and unlawful. The principle of double compensation does not apply to private medical aid benefits, and the plaintiff is entitled to recover the full amount of past medical expenses from…
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Transnet SOC Ltd v Santam Ltd (30445/2014) [2023] ZAGPJHC 879 (7 August 2023)
The High Court granted Transnet leave to appeal after dismissing its insurance claim against Santam, finding the dispute raised arguable points on policy interpretation.
Living Hands (PTY) Limited N.O. and Others v Old Mutual Unit Trust Managers Ltd and Others (42728/2010) [2022] ZAGPJHC 738; 2023 (1) SA 164 (GJ) (12 July 2022)
The High Court held OMUT liable in delict for pure economic loss after it hastily paid out trust assets, failed to report red flags, and enabled Fidentia’s dissipation of funds.
Government of the Western Cape: Department of Social Development v C B and Others (1220/2017) [2018] ZASCA 166; 2019 (3) SA 235 (SCA) (30 November 2018)
The Supreme Court of Appeal held that the Province did not owe a legal duty to the parents of the deceased child that would attract delictual liability for the child's death at an unregistered child care facility. The statutory framework governing ECD facilities did not indicate an intention to impose liability for damages on the Province for regulatory omissions. The evidence did not support a finding that the Province's failure to process the registration application was causally linked to the child's death, nor that such omission was wrongful in the circumstances. Furthermore, the parents…
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Ramesega and Another v MEC for Education Gauteng, Province (14863/2013) [2016] ZAGPJHC 345 (9 December 2016)
The court found that the school owed a duty of care to Karabo and breached it by failing to provide adequate supervision and by allowing learners to affix nets to movable goal posts without proper oversight. The evidence established that the goal posts were not secured in the ground, creating a foreseeable risk of harm. The school failed to take reasonable steps to prevent the incident, such as ensuring only staff handled the nets and that the posts were properly anchored. The harm suffered by Karabo was reasonably foreseeable, and the defendant did not demonstrate that all reasonable measure…
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Ekurhuleni Metropolitan Municipality v NCP Chlorchem (Pty) Limited (3545/2013) [2015] ZAGPJHC 234 (23 September 2015)
Late amendment to particulars of claim refused due to irreparable prejudice to the defendant and the risk of delaying trial in a dispute over electricity tariffs.
Du Plessis v Attorney's Fidelity Fund and Another (51429/12) [2014] ZAGPPHC 560 (23 July 2014)
The High Court held the Attorneys Fidelity Fund liable for theft of trust money by an attorney and awarded the plaintiff all three claims, plus interest and attorney-and-client costs.
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