17 April 20261 min read

Buthelezi v Poorter (1975): Factual Causation & the But-For Test

Buthelezi v Poorter established the but-for test for factual causation - essential for every delict problem question.

Buthelezi v Poorter: The But-For Test for Causation

Citation: Buthelezi v Poorter 1975 (4) SA 608 (W)

But for the defendant's conduct, would the harm have occurred? If NO, then factual causation is established.

This is the conditio sine qua non test.

Step 1: Identify defendant's conduct

Step 2: Ask: "But for [conduct], would [harm] have happened?"

Step 3: If answer is NO → Factual causation ✅

Note: This is only FACTUAL causation. You still need LEGAL causation (reasonably foreseeable consequences).

International Shipping v Bentley (1990) — Legal causation (novus actus interveniens)
Minister of Police v Skosana (1977) — Causation in delict

Tags: #delict #causation #butfortest #factualcausation