Tag archives: Wrongfulness

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

By Siyabonga Mathe and Patrick Bracher (ZA) on November 23, 2020 Posted in General

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

By Nadia Gamieldien on May 8, 2016 Posted in General

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