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South Africa Case Law

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Delict [2025] ZAGPPHC 526

Mbombi v Minister of Police (74946/2019)

Mbombi v Minister of Police (74946/2019) [2025] ZAGPPHC 526 (22 May 2025)

The High Court dismissed a damages claim arising from a police shooting, finding the plaintiff failed to prove unlawful conduct and accepting self-defence.

  • Unlawful Shooting
  • Private Defence
  • Volenti Non Fit Injuria
  • Onus Of Proof
  • Quantum Of Damages
  • Delict
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Delict [2025] ZAGPJHC 421

Biyela-Mbekizeli v Passenger Rail Agency of South Africa SOC LTD (2024/14477)

Biyela-Mbekizeli v Passenger Rail Agency of South Africa SOC LTD (2024/14477) [2025] ZAGPJHC 421 (11 April 2025)

The High Court dismissed a passenger’s delict claim against PRASA after finding he tried to board a moving train with closed doors and failed to prove negligence.

  • Negligence
  • Volenti Non Fit Injuria
  • Duty Of Care
  • Causation
  • Railway Passenger Safety
  • Separation Of Merits And Quantum
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Delict [2025] ZAECMHC 5

Zide v Xhobani Security Services and Another (CA 50/2023)

Zide v Xhobani Security Services and Another (CA 50/2023) [2025] ZAECMHC 5 (11 February 2025)

Appeal dismissed in a shooting-injury claim arising from a student protest. The court found the appellant unreliable, and held the force used was justified.

  • Personal Injury
  • Volenti Non Fit Injuria
  • Private Defence
  • Credibility Of Single Witness
  • Apportionment Of Damages Act
  • Vicarious Liability
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Delict [2024] ZAGPPHC 1386

Sikhosana v Passenger Rail Agency of South Africa (38166/2020)

Sikhosana v Passenger Rail Agency of South Africa (38166/2020) [2024] ZAGPPHC 1386 (15 November 2024)

The High Court dismissed a commuter’s delict claim against PRASA after finding he attempted to board a moving train and voluntarily assumed the risk.

  • Volenti Non Fit Injuria
  • Duty Of Care
  • Railway Safety
  • Contributory Negligence
  • Apportionment Of Damages Act
  • Personal Injury
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Delict [2024] ZAFSHC 124

Xuma v Minister of Police (2484/2021)

Xuma v Minister of Police (2484/2021) [2024] ZAFSHC 124 (25 April 2024)

The court found, on a balance of probabilities, that the plaintiff was injured by a rubber bullet fired by a police officer during a protest, while he was on private property and not participating in the protest. The defendant failed to call material witnesses from the second Nyala and did not provide expert evidence to support its alternative version. The defence of volenti non fit injuria was raised too late and not substantiated by evidence; the plaintiff did not foresee or consent to the risk of being shot. The conduct of the police was wrongful and negligent, as they fired rubber bullets…

  • Negligence
  • Wrongfulness
  • Volenti Non Fit Injuria
  • Police Liability
  • Personal Injury
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Delict [2023] ZAWCHC 299

Davids v Passenger Rail Agency of South Africa (9794/2019)

Davids v Passenger Rail Agency of South Africa (9794/2019) [2023] ZAWCHC 299 (24 November 2023)

The court held PRASA liable after a passenger was pushed from a moving train with open doors. Volenti and contributory negligence were rejected.

  • Personal Injury
  • Public Carrier Liability
  • Negligence
  • Volenti Non Fit Injuria
  • Contributory Negligence
  • Railway Safety
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Delict [2023] ZAGPPHC 463

Thubakgale v PRASA

Thubakgale v PRASA [2023] ZAGPPHC 463; 24580/2019 (13 June 2023)

The High Court dismissed a commuter’s claim against PRASA after finding he tried to board a moving train and voluntarily assumed the risk of injury.

  • Volenti Non Fit Injuria
  • Public Carrier Liability
  • Negligence
  • Wrongfulness
  • Personal Injury
  • Delict
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Delict [2022] ZAGPPHC 867

Anyasi v Passenger Rail Agency of South Africa (27304/2019)

Anyasi v Passenger Rail Agency of South Africa (27304/2019) [2022] ZAGPPHC 867 (16 November 2022)

The court dismissed a delict claim against PRASA after finding the plaintiff’s version improbable, accepting he was struck while crossing tracks, and applying volenti non fit injuria.

  • Negligence
  • Volenti Non Fit Injuria
  • Mutually Destructive Versions
  • Burden Of Proof
  • Delict
  • Volenti-non-fit-injuria
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Delict [2022] ZAWCHC 217

Davids NO v Western Province Athletics and Another (A 205/2021)

Davids NO v Western Province Athletics and Another (A 205/2021) [2022] ZAWCHC 217 (1 November 2022)

High Court delict appeal over a race collision: the runner was liable, the organiser was not, and the plaintiff’s damages were reduced for 70% contributory negligence.

  • Contributory Negligence
  • Apportionment Of Damages Act
  • Duty Of Care
  • Personal Injury
  • Volenti Non Fit Injuria
  • Liability Of Event Organisers
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Delict [2022] ZANCHC 62

Pretorius v Minister of Police (27250/2018)

Pretorius v Minister of Police (27250/2018) [2022] ZANCHC 62 (30 September 2022)

The High Court held the Minister of Police liable after finding that police negligently shot the plaintiff with a rubber bullet during a protest.

  • State Liability Act
  • Police Misconduct
  • Rubber Bullet Injury
  • Contributory Negligence
  • Necessity Defence
  • Volenti Non Fit Injuria
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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.