Other
ASSIGNMENT 2 PVL
- Institution
- University Of South Africa (Unisa)
QUESTION AND ANSWER WITH REFERENCE
[Show more]
Content preview
PVL3703 - ASSIGNMENT 02 - 2023SEMESTER 01
Cable thieves have been busy with attempts to steal electrical cables
overnight on the outskirts of Tshwane. As a result of their illegal activities, a
live electrical cable is hanging low over a public road. While driving towards
his workplace, Mr Ngwenya, who lives on a smallholding outside Tshwane,
sees the low- hanging cable. As a concerned and responsible citizen, Mr
Ngwenya immediately reports it to ESKOM, explaining to the ESKOM officials
that the low- hanging cable is creating an extremely hazardous situation.
However, ESKOM does nothing to eliminate the danger. Late that afternoon,
Mr Naidoo, a physically fit man, but with poor eyesight, jogs along the road.
His head hits the low-hanging electrical cable, and he sustains severe injuries.
Mr Naidoo wishes to institute a delictual action against ESKOM.
Write an opinion, properly substantiated with reference to case law, only on the
wrongfulness of the conduct of the ESKOM officials (15 Marks).
Illegalness is the violation of a protected right in a legally reprehensible manner / in
violation of a legal norm. The main norm/criterion of illegality is the good morals/legal
beliefs of the community. The test is objective, based on adequacy, and must reflect
the values of the Constitution. (Carmichele case). Community law convictions should
be seen as legal convictions of policy makers in Community law, such as the
legislature or Justices Schultz v. Butt. First, it must be determined whether the
respondent's action was in fact the cause of an adverse effect on another person.
Second, it must be determined whether the damage was caused unreasonably or
illegally.
Since this was a similar case to the previous situation in A. F. A. vs BLUE CRANE
ROUTE MUNICIPALITY1 In paragraph [4] it was decided that in cases where the
defendant is a "licensee" within the meaning of the Electricity Regulation Act 4 of
2006, it is not at issue: he is therefore "the holder". a license granted or deemed to
have been granted by the Regulator under this Act.”1 Section 25 of the Act provides:
“In any civil proceeding brought against a licensee arising out of damage caused by
induction or electrolysis or otherwise by electricity generated , transmitted, or
disseminated by a Licensee, such damage or loss shall be deemed to be caused by
the negligence of Licensee unless there is credible evidence to the contrary.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller rochellegreyling. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R130,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
60434 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now