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Mankayi v AngloGold Ashanti Ltd is a 2011 decision of the Constitutional Court of South Africa in South African labour law and the South African law of delict.The court upheld the right of mineworkers to sue at common law for damages incurred due to occupational disease and occupational injury.
An application for leave to appeal against a decision of the Supreme Court of Appeal, the case revolved around the question of the vicarious liability of an employer for the delictual acts of an employee: in casu, the liability of the Minister of Safety and Security for criminal acts committed by police officers while off duty. An off-duty ...
K v Minister of Safety and Security [1] [2] is an important case in the South African law of delict and South African constitutional law. It was heard by the Constitutional Court on May 10, 2005, with judgment handed down on June 13.
The case is especially important in the law of delict, dealing with the problems relating to causation and the conditio sine qua non or "but-for" test. Where there was a negligent delay in furnishing medical aid and treatment to the deceased, whose widow established, on a balance of probabilities, that he would not have died "but for" such ...
The case was an appeal from a decision in the Cape Provincial Division by Thring J. A subsequent application to appeal it further to the Constitutional Court was rejected. The central issue was the vicarious liability of an employer for the delictual acts of its employee: in particular, the liability of the Minister of Safety and Security for ...
By answering that question against Van der Vyver, the appeal court may have struck a major blow against the law, holding the police and prosecution to principles of integrity and openness. [ 1 ] Retired South African advocate and legal scholar Gustaf Pienaar has also publicly questioned and criticized the Constitutional Court for failing to ...
In S v Tembani, an important case in South African criminal law, especially in respect of the issue of legal causation, it seemed to the Witwatersrand Local Division, following the approach of English law, to be "of overriding importance that the original wound inflicted by the accused was an operating and substantial cause of the death of the deceased."
New Clicks South Africa (Pty) Ltd v Tshabalala-Msimang and Another NNO; Pharmaceutical Society of South Africa and Others v Tshabalala-Msimang and Another NNO 2005 (2) SA 530 (C) is an important case in South African administrative law. However, note that this case went on appeal, first to the Supreme Court of Appeal and thereafter to the ...