n Tydskrif vir die Suid-Afrikaanse Reg - How safe should a sidewalk be? The evergreen question of a municipality's liability for negligent omissions
2011 6 SA 196 (GSJ) : regspraak

Volume 2013, Issue 1
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



One can safely postulate that the issue of determining the wrongfulness of an omission on the part of a municipality in respect of damage suffered by a member of the public as a result of a dangerous situation which arose due to the fact that roads and sidewalks under its control have fallen into a state of disrepair, finally stabilised slightly more than ten years ago when the supreme court of appeal handed down its seminal judgment in (2000 3 SA 1049 (SCA)). Before that time, the pendulum had swung from a position of strong immunity for municipalities (see 1912 AD 659; 1958 2 SA 518 (A)) to a high-water mark of an almost blanket liability for omissions ( in the judgment of Brand J in the court in the case: 1997 4 SA 356 (C)).

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