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South Africa Case Law

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Delict [2025] ZAGPJHC 637

Mdlalose v Passenger Rail Agency of South Africa (2019/5898)

Mdlalose v Passenger Rail Agency of South Africa (2019/5898) [2025] ZAGPJHC 637 (25 June 2025)

The High Court held PRASA liable after finding that Joseph Mdlalose was pushed from a moving train with open doors and that its defences failed.

  • Negligence
  • Volenti Non Fit Iniuria
  • Contributory Negligence
  • Duty Of Care
  • Personal Injury
  • Delict
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Delict [2025] ZAGPPHC 597

Makhubela v PRASA (23147/2018)

Makhubela v PRASA (23147/2018) [2025] ZAGPPHC 597 (26 May 2025)

The High Court dismissed a passenger’s damages claim against PRASA after finding his account of falling from a train highly improbable and unproven.

  • Negligence
  • Burden Of Proof
  • Volenti Non Fit Iniuria
  • Contributory Negligence
  • Apportionment Of Damages Act
  • Public Carrier Liability
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Delict [2024] ZAGPPHC 361

A.M v Transnet SOC Ltd (99978/2015)

A.M v Transnet SOC Ltd (99978/2015) [2024] ZAGPPHC 361 (25 March 2024)

The High Court dismissed a minor's delict claim against Transnet, finding the injury was caused by a third party pushing him under a moving train.

  • Negligence
  • Liability For Omission
  • Causation
  • Absence Of Warning Signs
  • Volenti Non Fit Iniuria
  • Delict
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Delict [2023] ZAWCHC 173

Muller v De Waal and Another (15448/17)

Muller v De Waal and Another (15448/17) [2023] ZAWCHC 173 (24 March 2023)

High Court dog-bite liability case where the plaintiff succeeded under actio de pauperie; the defendants’ negligence and volenti defences failed.

  • Actio De Pauperie
  • Strict Liability
  • Negligence
  • Volenti Non Fit Iniuria
  • Novus Actus Interveniens
  • Actio-de-pauperie
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Delict [2023] ZAGPJHC 51

Passenger Rail Agency of South Africa (PRASA) v Seleke (A5016/2022)

Passenger Rail Agency of South Africa (PRASA) v Seleke (A5016/2022) [2023] ZAGPJHC 51 (25 January 2023)

The appeal court held that PRASA was not shown to be negligent. The respondent’s attempt to board a moving train was found to be the sole cause of the injuries.

  • Contributory Negligence
  • Apportionment Of Damages Act
  • Volenti Non Fit Iniuria
  • Burden Of Proof
  • Railway Safety
  • Constitutional Duty Of Care
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Delict [2022] ZAGPJHC 822

Komako v Passenger Rail Agency of South Africa (43704/2012)

Komako v Passenger Rail Agency of South Africa (43704/2012) [2022] ZAGPJHC 822 (21 October 2022)

The High Court dismissed a damages claim by a passenger injured after falling from a train, finding the plaintiff’s version improbable and PRASA not negligent.

  • Negligence
  • Volenti Non Fit Iniuria
  • Mutually Destructive Versions
  • Onus Of Proof
  • Duty Of Care
  • Delict
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Delict [2022] ZAGPPHC 364

Rautenbach v Grundlingh (55926/2017)

Rautenbach v Grundlingh (55926/2017) [2022] ZAGPPHC 364 (18 May 2022)

High Court delict claim arising from a dog attack at the defendant’s home. The court found the defendant liable and rejected volenti non fit iniuria.

  • Actio De Pauperie
  • Lex Aquilia
  • Volenti Non Fit Iniuria
  • Liability For Domesticated Animals
  • Negligence
  • Delict
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Delict [2022] ZAFSHC 190

Hanger v Regal and Another (A77/2015)

Hanger v Regal and Another (A77/2015) [2022] ZAFSHC 190 (11 March 2022)

Full Court appeal on absolution in a delict claim arising from a bear attack. The court found the plaintiff had made out a prima facie case and restored the action.

  • Negligence
  • Actio Legis Aquiliae
  • Absolution From The Instance
  • Contributory Negligence
  • Volenti Non Fit Iniuria
  • Absolution-from-the-instance
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Delict [2020] ZAGPPHC 776

Engelbrecht v City of Tshwane Metropolitan Municipality (75626/2016)

Engelbrecht v City of Tshwane Metropolitan Municipality (75626/2016) [2020] ZAGPPHC 776 (29 December 2020)

The court found that the plaintiff was the author of his own misfortune, having failed to stop after two collisions and having engaged in a physical altercation with Officer Mapatshoe. The officer had reasonable grounds to suspect the plaintiff of offences and acted to effect a lawful arrest. The discharge of the firearm occurred during a struggle, and the evidence supported the officer's version that he acted in self-defence and did not intentionally shoot the plaintiff. The plaintiff's conduct exposed him to foreseeable risks, and the requirements for the defences of self-defence and necess…

  • Assault By Police Officer
  • Self Defence
  • Necessity
  • Volenti Non Fit Iniuria
  • Liability For Police Actions
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Delict [2018] ZAECGHC 105

Draghoender v Lukhanji Municipality (972/2016)

Draghoender v Lukhanji Municipality (972/2016) [2018] ZAECGHC 105 (2 October 2018)

The High Court held Lukhanji Local Municipality liable after a spectator fell through unsafe temporary stands at a Queenstown stadium.

  • Municipal Liability
  • Negligence
  • Dangerous Premises
  • Apportionment Of Damages
  • Volenti Non Fit Iniuria
  • Municipal-liability
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.