C J Steenkamp v South African Broadcasting Corporation

The appellant slipped and fell on ice on a public road adjacent to the respondent’s premises, allegedly caused by water from the respondent’s sprinkler system. He sued the respondent in the magistrates’ court for damages. At the parties’ request, the magistrate separated the issues of liability and quantum under rule 29(4) and proceeded only on liability. After hearing only the appellant’s evidence, the magistrate found in his favour on liability. The respondent appealed to the High Court, which set aside the magistrate’s finding and granted absolution from the instance. The appellant then appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The order of the High Court was set aside and replaced with an order that no order be made in respect of the proceedings, save that the appellant (there) must pay the costs. The magistrate’s finding on liability remained in force.

The case authoritatively clarified that a magistrate’s finding on liability alone, after separation of merits and quantum, is not appealable. It resolved conflicting High Court authority and aligned magistrates’ court appeals with established principles on finality, reinforcing limits on appellate jurisdiction.