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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 ...
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 ...
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.
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 ...
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 ...
Smit v Abrahams [1] is an important case in South African law.It was heard in the Appellate Division on March 15, 1994, with judgment handed down on May 16. Botha AR, EM Grosskopf AR, Kumleben AR, Van Den Heever AR and Mahomed Wn AR were the judges.
Although the defendant, in performing the operation, was bound to exercise all reasonable care and skill, it was a reasonable and proper practice to leave the duty of checking the swabs to the theatre sister, so the defendant, in following that practice, was not guilty of negligence.