The Constitutional Court re-enforced the principle that in circumstances where a claimant is mentally incapacitated, the completion of the period of the prescription of a claim would not occur for as long as the mental capacity impediment exists. The placement of a claimant under curatorship does not result in a cessation of the mental incapacity
Purnel Gangiah
Managing risks in a slip and trip incident
By Deniro Pillay & Purnel Gangiah on
It is common practice for shop owners to outsource their cleaning duties by concluding a service level agreement with a cleaning company. The service level agreement often contains an indemnity clause in terms of which the cleaning company indemnifies the shop owner for any liability of the shop owner resulting from a breach of their…
Prescription does not run against a mentally incapacitated claimant despite having a curator
By Deniro Pillay & Purnel Gangiah on
The Supreme Court of Appeal confirmed that in circumstances where a claimant is mentally incapacitated, the completion of the period of the prescription of a claim would not occur for as long as the mental health impediment exists. Placing a claimant under curatorship is in itself an impediment. It does not bring about a cessation…
A reminder to employers; failure to guard against foreseeable harm at the workplace may attract liability
By Deniro Pillay & Purnel Gangiah on
In circumstances where an employer fails to take reasonable steps to guard against the inherent dangers to employees in operating machinery on its premises, such entity may find itself liable for the damages sustained by the operator of the machinery. Operators of machinery must be reasonably trained by employers to ensure that they have the…
The occupier of a property has a legal duty to prevent foreseeable harm to persons visiting the property
By Deniro Pillay & Purnel Gangiah on
In a November judgment in Lakay v Minister of Justice & Another 2022 ZAWCHC 221, the court confirmed that the occupier of a property has a legal duty to prevent foreseeable harm to persons visiting the property. In determining liability, a factor which the court would take into account is whether the steps taken…
Negligent conduct does not automatically attract liability
By Deniro Pillay & Purnel Gangiah on
Where a claimant sues for damages for a personal injury claim, the proof of negligence does not automatically attract liability on the part of the third party for the claim. The claimant is required to prove that the third party’s negligent act or omission caused the harm or loss suffered by the claimant. This was…
Court re-enforces the principles relating to expired tenders
By Deniro Pillay & Purnel Gangiah on
In circumstances where a validity period of a tender has expired, and the tender has not been awarded, the tender process is considered “completed”, despite there being no award. Without a timeous extension of the validity period, there is no tender award capable of acceptance as the “offer” has expired.
In the City of Ekurhuleni…
Legal liability of a shop owner in a ‘slip and trip’ incident
By Purnel Gangiah on
In any ‘slip and trip’ incident, a court will apply the negligence test namely that a person is liable for foreseeable harm caused to another that could have been avoided by the exercise of reasonable care. The plaintiff sued the defendant retail store for damages that she sustained as a result of slipping and falling…
Limiting the duty of care of a shop owner to customers
By Deniro Pillay & Purnel Gangiah on
Shop owners have a duty of care to their customers. The duty of care necessitates preventing harm to customers, which can be reasonably foreseen. The duty is however not limitless.
In De Wet v Gateway Plaza Meatworld CC De Wet slipped and fell at Gateway Plaza. She alleged that her fall was caused by oil…
Tender award to unlawfully preferred bidder set aside
By Sandile Khoza, Purnel Gangiah & Ismene Nayagar on
Tender processes require fairness and transparency. In order to ensure fairness and transparency, an organ of state must adopt a proper evaluation process when considering and awarding tenders. An organ of state cannot rely on its selection of a preferred bidder in circumstances where the process for a preferred bid is not followed. When the…