Tag archives: Wrongfulness

Wrongfulness and liability for injury by animals

This blog was co-authored by: Bwanika Lwanga, Candidate Attorney In this January 2021 judgment the high court in Minister of Justice and Correctional Services v Kitcher and Another (874/2019) [2021] ZANCHC 12 considered the question of whether the minister could be held liable for harm from an animal attack on premises within their control. Mr … Continue reading

Provincial MEC not liable for child injured by swing in the private school playground – delictual liability for breach of statute

The Supreme Court of Appeal found that the Provincial MEC for Social Development was not liable for the injury of a child in the playground of a nursery school operated by an NGO in the province. The school was treated as if registered under the Child Care Act 1983 because the incident occurred in 2008 … Continue reading

Understanding wrongfulness in delictual claims

In Minister of Home Affairs v Rahim & Others the Constitutional Court had to determine when the breach of a public duty is “wrongful” for the purposes of, and gives rise to, a delictual claim against the government. After their applications for asylum were rejected, 15 foreign nationals were arrested and detained under the Immigration … Continue reading