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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.
Gunter v Minister of Police (4222/2021) [2024] ZAFSHC 392; [2025] 1 All SA 352 (FB) (29 November 2024)
The court found that the SAPS member's conduct in detonating a stun grenade near the plaintiff was wrongful and negligent. The evidence, including video footage and credible witness testimony, established that no dangerous situation existed at the time of the incident. The defendant failed to discharge the onus of proving justification by necessity or that the plaintiff voluntarily assumed the risk. The harm to the plaintiff was foreseeable and avoidable, and the SAPS member breached the duty to act reasonably towards the public. The defendant is vicariously liable for the actions of the SAPS…
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Umbhaba Estates (Pty) Ltd and Others v Minister of Police and Others (22208/2009) [2021] ZAGPPHC 436 (20 May 2021)
The court found that the police were repeatedly notified of imminent and ongoing violence during a strike at the Plaintiffs' farm, including acts of intimidation, assault, and damage to property. Despite clear constitutional and statutory duties, and the existence of court orders mandating police intervention, the police failed to take reasonable and timely steps to prevent harm. Their response was reactionary and insufficient, with evidence showing that police presence calmed the situation but was not sustained. The court held that the police's omission was both wrongful and negligent, viola…
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