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Case law by topic

Judgments on delict

35 judgments on file that touch delict, newest first, each with the court's own file.

Handed downJudgmentCourt
16 Oct 2026 Discovery Health (Pty) Ltd v Road Accident Fund and Another[2026] ZASCA 140 · Res judicata – court Supreme Court of Appeal
25 Sep 2026 Ad All CC v Kapa Bokoni Trading and Projects 10 CC[2026] ZASCA 124 · Unjustified enrichment – illegal contract – statutory illegality – s 20(1)(a) of the Private Security Industry Regulation Act of 2001 – cond... Supreme Court of Appeal
5 May 2026 Minister of Justice and Correctional Services and Others v Leso[2026] ZASCA 64 Supreme Court of Appeal
14 Apr 2026 Lizelle Schreuder N O v Minister of Police and Others[2026] ZASCA 52 · Delict – unlawful arrest and detention – Child Justice Act of 2008 – minor arrested and detained as adult – absence of knowledge of minority... Supreme Court of Appeal
25 Mar 2026 South African Commercial Catering and Allied Workers Union v Massmart Holdings and Others[2026] ZACC 11 · Labour Relations Act 66 of 1995 — interpretation of section 68(1)(b) — claim for payment of just and equitable compensation — loss attributa... Constitutional Court
28 Oct 2025 Logik Group Africa (Pty) Ltd t/a Fire Logik v Fire Logic (Pty) Ltd[2025] ZASCA 164 · Delict– Passing-off proceedings onus of proving reputation for passing- off application discharged – whether the respondent established the... Supreme Court of Appeal
23 Oct 2025 Thembakazi Ntangazana v Member of Executive Council for The Department of Education, Eastern Cape[2025] ZASCA 160 · Lapsed reconsideration application in terms of s 17(2)(f) of the Superior Courts Act of 2013 – inadequate delay explanation trumped by good... Supreme Court of Appeal
29 Apr 2025 East Asian Consortium B.V. v MTN Group Limited and Others[2025] ZASCA 50 · Delict – unlawful inducement – unlawful competition – conflict of law – transnational delicts – lex loci delicti – significant relationship... Supreme Court of Appeal
27 Mar 2025 Alexia Kobusch and Others v Wendy Whitehead[2025] ZASCA 24 · Civil procedure – barring a party to proceedings – exception based on lack of averments to sustain a cause of action – whether the exception... Supreme Court of Appeal
6 Nov 2024 Merryweather v Scholtz and Another[2024] ZASCA 150 · Appeal – civil appeal from full court – trial court’s reliance on inadmissible evidence constituting an irregularity – appellant failed to d... Supreme Court of Appeal
15 Aug 2024 Shoprite Checkers (Pty) Limited v Mafate N.O.[2024] ZACC 16 Constitutional Court
4 Jul 2024 Sanoj Jeewan v Transnet SOC Limited and Another[2024] ZASCA 108 · Civil procedure – prescription – whether the high court was correct in finding that the appellant’s claim for contractual and delictual dama... Supreme Court of Appeal
10 Jun 2024 Edward Nathan Sonnenberg Inc v Hawarden[2024] ZASCA 90 · Delictual claim – claim for pure economic loss caused by omission – wrongfulness – risk of indeterminate liability – vulnerability to risk –... Supreme Court of Appeal
16 May 2024 Old Mutual Unit Trust Managers Limited v Living Hands (Pty) Ltd and Others[2024] ZASCA 75 · Delict – pure economic loss – financial institution – client calling up investment portfolio – funds paid out in terms of investment agreeme... Supreme Court of Appeal
6 May 2024 President of the Republic of South Africa and Another v Tembani and Others[2024] ZACC 5 · Prescription — delictual claims for damages — unconstitutionality of President’s conduct a component of alleged wrongfulness — whether compl... Constitutional Court
24 Apr 2024 Venator Africa (Pty) Ltd v Watts and Another[2024] ZASCA 60 · Company law – exception – s 218(2) read with s 22(1) of the Companies Act of 2008 – allegation that company carried on its business reckless... Supreme Court of Appeal
19 Apr 2024 Vorster v Clothing City (Pty) Ltd[2024] ZASCA 53 · Jurisdiction – Magistrates’ Court Act of 1944 (the Act) – whether a claim for damages falls within the monetary jurisdiction of the magistra... Supreme Court of Appeal
17 Apr 2024 Coca-Cola Beverages Africa (Pty) Ltd v Competition Commission and Another[2024] ZACC 3 · Competition Act 89 of 1998 — Rules for the Conduct of Proceedings in the Competition Commission — standard of review in special statutory re... Constitutional Court
18 Dec 2023 Pieter Paul Le Roux and Another v Johannes G ` Coetzee and Seuns and Another[2023] ZACC 46 · Prescription Act 68 of 1969 — section 12(3) — clients’ professional negligence claim against legal practitioner — knowledge of facts may inc... Constitutional Court
18 Dec 2023 Hough & Bremner and Another v The Road Accident Fund[2023] ZASCA 179 · Civil procedure and practice – Contingency Fees Agreement Act of 1997 – high court finding that the fees agreement concluded between the app... Supreme Court of Appeal
30 Nov 2023 Member of the Executive Council for Health and Social Development of the Gauteng Provincial Government v Motubatse & Another[2023] ZASCA 162 · Civil procedure – rescission of default judgment – interlocutory in nature and thus not appealable – application for condonation and special... Supreme Court of Appeal
14 Nov 2023 Hulisani Viccel Sithangu v Capricorn District Municipality[2023] ZASCA 151 · Application for special leave referred for oral argument in terms of s 17(2)(d) of the Superior Courts Act of 2013 – whether special leave t... Supreme Court of Appeal
11 Oct 2023 M M v MEC for Health; Eastern Cape[2023] ZASCA 130 · Delict – medical negligence – damages – claim for damages arising out of alleged medical negligence of hospital staff- whether the hospital... Supreme Court of Appeal
30 Nov 2022 Esorfranki Pipelines (PTY) Limited v Mopani District Municipality[2022] ZACC 41 · Delictual liability for harm arising from state’s intentional misconduct — section 8 of PAJA — compensation under PAJA Section 217 of the Co... Constitutional Court
30 May 2022 TM obo MM v Member of the Executive Council for Health and Social Development[2022] ZACC 18 · Jurisdiction — constitutional issue — interests of justice Leave to appeal — not in the interests of justice to grant leave — leave to appea... Constitutional Court
5 Apr 2022 AK v Minister of Police[2022] ZACC 14 · Delict — wrongfulness — negligence — extent of police liability for negligent police work — psychopathological harm Constitutional Court
25 Mar 2022 NVM obo VKM v Tembisa Hospital and Another[2022] ZACC 11 · Jurisdiction — section 167(3)(b) of Constitution — sole issue one of factual causation — constitutional considerations not affecting resolut... Constitutional Court
22 Oct 2021 The Residents of Industry House and Others v The Minister of Police and Others[2021] ZACC 37 · South African Police Service Act 68 of 1995 — constitutionality of section 13(7)(c) — order of constitutional invalidity confirmed — right t... Constitutional Court
14 Apr 2021 JE Mahlangu and Another v The Minister of Police[2021] ZACC 10 · Delict — Judicial detention — damages — inadmissible confession induced by assault extracted by police from accused person — liability of th... Constitutional Court
16 Sep 2020 National Union of Metal Workers of South Africa and Others v Aveng Trident Steel (A Division of Aveng Africa (Pty) Limited) and Another[2020] ZACC 23 · Section 187(1)(c) of the Labour Relations Act 66 of 1995 — demand — automatically unfair dismissals — operational requirements — consultatio... Constitutional Court
9 Oct 2019 Moodley v Kenmont School and Others[2019] ZACC 37 · Judgment in an application for confirmation of an order by the High Court of South Africa, KwaZulu-Natal Local Division, Durban, declaring s... Constitutional Court
21 Sep 2018 Nieuco Properties 1005 & another v Trustees for the Inkululeko Community Trust & others[2018] ZASCA 123 Supreme Court of Appeal
1 Jun 2018 Flanagan v Minister of Safety and Security[2018] ZASCA 96 Supreme Court of Appeal
29 Mar 2018 346.36 KB Delict – claim for damage to earning capacity – plaintiff and his brother each owned 50 per cent of close corporation – present case distinguishable from Rudman – plaintiff’s claim permissibly quantified with reference to corporation’s diminished profits. Delict – collateral source rule – plaintiff’s post-injury earnings, to extent they exceeded a market related salary for his reduced role, the result of benevolence – correctly disregarded. Pietermaritzburg and District Counc[2018] ZASCA 51 · Actio aquae pluviae arcendae – interdict – stormwater from higher property discharging into municipal stormwater drainage system – combined... Supreme Court of Appeal
21 Sep 2017 175.48 KB Delict – Pure economic loss – Loss suffered as a result of debarment in terms of s 14 of the Financial Services Advisory and Intermediary Services Act 37 of 2002 – Whether conduct of employer in debarring employee without complying with the provisions of Promotion of Administrative Justice Act 3 of 2002 was wrongful and gave rise to damages. Otto v State[2017] ZASCA 114 · Criminal law – appeal against conviction of rape – appellant failed to testify – conceded by appellant that sexual intercourse proved – lack... Supreme Court of Appeal

A judgment is listed here when the court's own summary or its title uses the term; it is a finding aid, not a headnote. All topics.