South Africa Case Law

N.O.B and Another v Member of the Executive Council for Health of the Limpopo Provincial Council (10146/2022)

N.O.B and Another v Member of the Executive Council for Health of the Limpopo Provincial Council (10146/2022) [2025] ZALMPPHC 115 (17 June 2025)

Court

Limpopo High Court, Polokwane

Case number

10146/2022

Judge

Bresler AJ

The Court found that the Defendant's nursing and medical staff failed to correctly and timeously diagnose the breech presentation of the minor child, both at the clinic and hospital, resulting in the absence of preventative care and failure to follow prescribed procedures. Expert evidence established that the standard of care was not met, and the omissions directly led to the minor child's asphyxiation and brain injury. The Defendant's sole witness did not adequately justify the decision to proceed with vaginal delivery, and critical witnesses were not called. The Court held that the Defendan…

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• Medical Negligence
• Wrongful Omission
• Standard Of Care
• Causation
• Hospital Liability
• Parental Representative Claims

Naude v City of Johannesburg Metropolitan (2020/22584)

Naude v City of Johannesburg Metropolitan (2020/22584) [2024] ZAGPJHC 769 (22 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2020/22584

Judge

Pullinger

The court found that the defendant municipality owed a legal duty to road users to ensure the safety of the road surface and to provide adequate warning of hazards. The evidence established that the trench was not properly reinstated, resulting in subsidence that was not visible at night. The absence of warning signs for both the curve and the uneven road surface constituted wrongful and negligent omissions by the defendant. The defendant failed to adhere to the SA Roadside Manual and did not investigate prior accidents at the same location. The court accepted the plaintiff's expert evidence…

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• Municipal Liability
• Wrongful Omission
• Road Maintenance
• Loss Of Support
• Negligence
• Damages Assessment

M.M and Another v Member of Executive Council For Health of Gauteng Provincial Government (29050/2021)

M.M and Another v Member of Executive Council For Health of Gauteng Provincial Government (29050/2021) [2024] ZAGPPHC 618; [2024] 4 All SA 184 (GP) (10 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

29050/2021

Judge

JA Kok

The court found that the defendant's employees at Chris Hani Baragwanath Hospital breached their duty of care by failing to properly monitor and assess the mother and unborn child, failing to administer appropriate medical treatment, and delaying the caesarean section despite an available theatre. Expert evidence established that the child suffered a hypoxic ischemic brain injury due to these failures, which were avoidable had protocols been followed. The defendant's defence regarding theatre availability was contradicted by formal admissions and hospital records. The court held that all elem…

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• Medical Negligence
• Vicarious Liability
• Causation
• Hospital Standard Of Care
• Expert Evidence
• Wrongful Omission

W.L obo M.L v MEC for Education: Northern Cape Provincial Government and Another (493/2016)

W.L obo M.L v MEC for Education: Northern Cape Provincial Government and Another (493/2016) [2024] ZANCHC 37 (12 April 2024)

Court

Northern Cape High Court, Kimberley

Case number

493/2016

Judge

Stanton

The court found, on a balance of probabilities, that the plaintiff slipped on a wet bathroom floor at the school and sustained severe injuries as a result. The Department of Education owed a legal duty to ensure the safety of learners and to prevent foreseeable harm, including keeping bathroom floors dry. The evidence demonstrated a persistent problem of wet and poorly maintained bathrooms, corroborated by witness testimony and photographs. The Department failed to take reasonable steps to prevent the risk, constituting a wrongful omission. Expert medical evidence established that the fall ca…

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• Negligence
• Duty Of Care
• Wrongful Omission
• Personal Injury
• School Liability
• Causation

Venter N.O obo Davel v Minister of Public Works and Infrastructure and Others (48624/2020)

Venter N.O obo Davel v Minister of Public Works and Infrastructure and Others (48624/2020) [2023] ZAGPPHC 1770 (5 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

48624/2020

Judge

Bam

The High Court held the defendants liable after Mr Davel fell through an obscured fibreglass roof section while doing work at SAFI premises.

• Negligence
• Wrongful Omission
• Contractor Liability
• Duty Of Care
• Apportionment Of Liability
• Delict

Meyers N.O. and Others v Nelson Mandela Bay Metropolitan Municipality and Another - Exception (2923/2021)

Meyers N.O. and Others v Nelson Mandela Bay Metropolitan Municipality and Another - Exception (2923/2021) [2023] ZAECQBHC 57 (7 September 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

2923/2021

Judge

Hartle

The court held that the plaintiffs' amended particulars of claim contain sufficient factual averments to sustain a cause of action in delict for pure economic loss against the municipality and its building control officer. The trust pleaded detailed facts regarding the municipality's knowledge of existing municipal services, its statutory obligations, and the direct causal link between the officials' omissions and the losses suffered. The court found that the trust's claim is not based merely on innocent errors but on alleged negligent misstatements and omissions in circumstances where the of…

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• Pure Economic Loss
• Municipal Liability
• Duty Of Care
• Negligent Misstatement
• Building Regulations
• Wrongful Omission

M on behalf of L, a child v Member of the Executive Council for Health: Gauteng Provincial Government (A5015/2020)

M on behalf of L, a child v Member of the Executive Council for Health: Gauteng Provincial Government (A5015/2020) [2021] ZAGPJHC 501 (8 October 2021)

Court

South Gauteng High Court, Johannesburg

Case number

A5015/2020

Judges

Wilson, Weiner, Mudau

The court held that the trial court erred in admitting and relying on Professor Smuts' late expert evidence, which sought to repudiate binding joint expert agreements after the commencement of trial without good cause. The remaining expert evidence and uncontested witness testimony established that the respondent's staff failed to monitor the foetal condition adequately and did not act on signs of distress as required by the Guidelines. This constituted negligent and wrongful conduct, and on a balance of probabilities, the failure to intervene after the 13h30 CTG caused L's hypoxic brain inju…

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• Medical Negligence
• Expert Evidence
• Cerebral Palsy
• Joint Expert Minutes
• Causation
• Wrongful Omission

Khabu and Others v Matlosana City Council and Others (56948/2014)

Khabu and Others v Matlosana City Council and Others (56948/2014) [2021] ZAGPPHC 54 (1 February 2021)

Court

North Gauteng High Court, Pretoria

Case number

56948/2014

Judge

Janse van Nieuwenhuizen

The court found that the City Council, through its employee Breedt, was responsible for the safety of the excavation and failed to ensure compliance with statutory regulations requiring shoring or sloping of deep trenches. The omission to implement safety measures and the act of permitting or instructing workers to enter a dangerous excavation constituted wrongful and negligent conduct. The causal link between the omission and the death of the deceased was established, as the collapse of the trench was the precise harm the regulations sought to prevent. Vicarious liability attached to the Cit…

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• Vicarious Liability
• Occupational Health And Safety Act
• Wrongful Omission
• Negligence
• Loss Of Support
• Construction Regulations

Ngululu Bulk Carriers (Pty) Ltd v Premier of the Limpopo Provincial Government and Another (63170/2013)

Ngululu Bulk Carriers (Pty) Ltd v Premier of the Limpopo Provincial Government and Another (63170/2013) [2019] ZAGPPHC 133 (4 April 2019)

Court

North Gauteng High Court, Pretoria

Case number

63170/2013

Judge

Mavundla

Road-damage delict claim dismissed after the court found no proven negligence, no causal link to the alleged pothole, and that the defendants had maintained the road.

• Negligence
• Road Maintenance Liability
• Causation
• Wrongful Omission
• Duty Of Care
• Delict

Ferreira v The MEC for the Department of Roads and Transport, Limpopo Provincial Government (20077/2013)

Ferreira v The MEC for the Department of Roads and Transport, Limpopo Provincial Government (20077/2013) [2017] ZAGPPHC 1173 (29 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

20077/2013

Judge

Thobane

The court found that the road on which the accident occurred was in a poor state, with potholes and edge breaks, and that the defendant failed to maintain it adequately or to warn road users of its dangerous condition. Objective evidence, including videos and photographs taken immediately after the accident, confirmed the presence of potholes at the scene. The defendant's witnesses were found not credible, as their testimony was inconsistent with objective facts and repair records. The court rejected the defendant's argument that speed or failure to negotiate a curve was the cause of the acci…

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• Negligence
• Road Maintenance Liability
• Wrongful Omission
• Causation
• Duty Of Care
• Public Authority Liability