Tag: Rethabile Shabalala
Withdrawal of admissions and compromise – SCA confirms limits
In a recent judgment, the Supreme Court of Appeal (SCA) reaffirmed the principles governing pleadings and settlement finality. The court focused on the withdrawal of admissions and compromise. In Road Accident Fund vs Sarah Wilson Lewis ([2025] ZASCA 174), the SCA confirmed the strict standards courts apply when parties seek to reopen settled issues. These standards protect the integrity of the litigation process.
Slip-and-fall liability – managing festive foot traffic
December is here, and malls and shopping centres are already overflowing with festive shoppers. The atmosphere feels lively, but it also becomes crowded. As foot traffic increases and trading hours extend, the risk in slip-and-fall claims rises significantly. Summer rains create wet floors. Staff misplace merchandise. Shoppers move quickly and often without caution.
Negligent driving – court confirms consequences
The Western Cape Division of the High Court recently delivered a significant judgment in Noluvuyo Simayile-Sigijimi vs Road Accident Fund. This case highlighted key issues of negligence and liability in pedestrian-related road accident claims.
Contract’s sanctity must balance with dignity & equality principles
The applicant was the registered owner of commercial property. On 04 November 2021, the owner of commercial property cancelled the lease agreement and later changed the locks on the premises after placing the lessee on terms for arrear rentals.
