South Africa Case Law

Passenger Rail Agency of South Africa v Masenya (2024-123072)

Passenger Rail Agency of South Africa v Masenya (2024-123072) [2025] ZAGPPHC 782 (1 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-123072

Judge

J Vorster

The court found that the plaintiff's amended particulars of claim contain sufficient allegations to establish publication, as specific individuals and groups were identified as recipients of the defamatory statements. The allegations, when read contextually, accuse the plaintiff of fraud and other serious misconduct, which are capable of defamatory meaning and are prima facie wrongful. The court held that Uniform Rule 18 does not apply since the cause of action is defamation, not contract. Furthermore, intent to defame is presumed in law once publication of defamatory matter is established. A…

Source excerpt

• Exception To Pleadings
• Defamation
• Publication Requirement
• Wrongfulness
• Animus Iniurandi
• Uniform Rule 18

Body Corporate of La Mon Villa and Another v Niyakha Group (Pty) Ltd (Appeal) (A27/2023)

Body Corporate of La Mon Villa and Another v Niyakha Group (Pty) Ltd (Appeal) (A27/2023) [2025] ZAGPPHC 757 (23 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

A27/2023

Judges

Lenyai, Mudau, Baqwa

The court found that the first appellant, as body corporate, is statutorily empowered under section 2(7)(b) of the STSMA to institute action against the developer for damages to the common property arising from defective construction. The particulars of claim set out the essential elements of a delictual claim, including the existence of a legal duty, breach, causation, and damages. The respondent's arguments regarding the sufficiency of the pleadings and the alleged misjoinder of the second appellant were rejected. The second appellant was found to have no cause of action and was joined only…

Source excerpt

• Sectional Title Scheme Management Act
• Defective Construction
• Exception Procedure
• Legal Duty Of Developer
• Wrongfulness
• Pleading Requirements

Ross and Another v Nedbank Limited (Leave to Appeal) (10029/2020)

Ross and Another v Nedbank Limited (Leave to Appeal) (10029/2020) [2025] ZAGPJHC 623 (20 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

10029/2020

Judge

Moosajee

The High Court dismissed the Ross applicants’ leave-to-appeal and condonation applications, finding no reasonable apprehension of bias and no reasonable prospects of success.

• Leave To Appeal
• Reasonable Apprehension Of Bias
• Duty Of Care
• Pure Economic Loss
• Condonation
• Wrongfulness

Boy and Others v Minister of Police (4732/2019; 4733/2019; 4734/2019; 4735/2019/ 4736/2019; 4737/2019; 4858/2019; 4859/2019)

Boy and Others v Minister of Police (4732/2019; 4733/2019; 4734/2019; 4735/2019/ 4736/2019; 4737/2019; 4858/2019; 4859/2019) [2025] ZAFSHC 176 (12 June 2025)

Court

Free State High Court, Bloemfontein

Case number

4732/2019; 4733/2019; 4734/2019; 4735/2019; 4736/2019; 4737/2019; 4858/2019; 4859/2019

Judge

Molitsoane J

The court dismissed most claims for damages arising from arrest and detention, holding the plaintiffs failed to prove police negligence.

• Unlawful Arrest
• Unlawful Detention
• Negligence
• Causal Link
• Wrongfulness
• Unlawful-arrest

Puseletso v MEC for Police, Roads and Transport (1334/2017)

Puseletso v MEC for Police, Roads and Transport (1334/2017) [2025] ZAFSHC 106 (27 March 2025)

Court

Free State High Court, Bloemfontein

Case number

1334/2017

Judge

M.T. Jordaan

High Court delict trial about a road accident caused by potholes on the R34. The court held the provincial road authority liable for 100% of proven damages.

• Negligence
• Duty Of Care
• Road Maintenance Liability
• Wrongfulness
• Causation
• Personal Injury

Schaffer v City of Cape Town (appeal) (4204/2019)

Schaffer v City of Cape Town (appeal) (4204/2019) [2025] ZAWCHC 155 (26 March 2025)

Court

Western Cape High Court, Cape Town

Case number

4204/2019

Judge

Montzinger

The High Court dismissed an application for leave to appeal in a delict claim over a pavement defect, finding no reasonable prospect of success.

• Municipal Liability
• Wrongfulness
• Negligence
• Leave To Appeal
• Reasonable Prospects
• Costs Order

ABSA Bank Limited v Mashaba and Another (2023/045953)

ABSA Bank Limited v Mashaba and Another (2023/045953) [2025] ZAGPJHC 277 (13 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/045953

Judge

De Oliveira

The High Court upheld exceptions to a delict claim based on pure economic loss, finding insufficient pleading of wrongfulness and legal causation, but not damages.

• Pure Economic Loss
• Wrongfulness
• Legal Causation
• Damages Pleading
• Exception Procedure
• Pure-economic-loss

Shirbeza v Tobitrix (Pty) Ltd (2021/39063)

Shirbeza v Tobitrix (Pty) Ltd (2021/39063) [2025] ZAGPJHC 258 (27 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/39063

Judge

ML Twala

The High Court dismissed a pedestrian injury claim after finding the plaintiff failed to prove delictual liability for a falling window glass from the defendant’s building.

• Negligence
• Duty Of Care
• Wrongfulness
• Causation
• Occupier Liability
• Delict

Schaefer v City of Cape Town (4204/2019)

Schaefer v City of Cape Town (4204/2019) [2025] ZAWCHC 46 (17 February 2025)

Court

Western Cape High Court, Cape Town

Case number

4204/2019

Judge

Montzinger

The High Court dismissed a pedestrian’s claim against Cape Town after a fall on a sidewalk brick, finding the defect minor, unreported, and not wrongful or negligent.

• Municipal Liability
• Personal Injury
• Duty Of Care
• Wrongfulness
• Negligence
• Sidewalk Defects

Forty Squares (Pty) Ltd and Others v GL Palmer and Company (2023/110502)

Forty Squares (Pty) Ltd and Others v GL Palmer and Company (2023/110502) [2025] ZAGPJHC 37 (24 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/110502

Judge

Malungana

The High Court dismissed an exception to delictual claims against an auditor, holding the pleadings were sufficient to proceed to trial.

• Professional Negligence
• Auditor Liability
• Pure Economic Loss
• Auditing Profession Act
• Wrongfulness
• Negligent Misstatement