Ramafamba v Score Supermarkets (Trading) (Pty) Ltd and Another

The appellant, Ms Maria Ramafamba, was injured after tripping and falling while shopping at a Score Supermarket in Sibasa on 21 October 2005. She alleged that she fell over loose shelves or a shelf end negligently placed in a shopping aisle by employees of the supermarket under the supervision of the store manager, Mr Eric Nemaname. She instituted a delictual claim for damages against the supermarket and its manager, alleging negligence. The respondents denied that there were loose shelves in the aisle and denied any negligence. No witness observed the fall, and the appellant’s pleaded version differed materially from her oral evidence at trial.

The appeal by the appellant was dismissed with costs. The cross-appeal by the respondents was upheld with costs. The High Court’s order was replaced with an order granting absolution from the instance with costs.

The case reaffirms fundamental principles of South African delictual liability, particularly the plaintiff’s onus to prove negligence and causation. It underscores that a court cannot find liability where the cause of an injury is not proven and highlights the appropriateness of absolution from the instance where a plaintiff fails to establish a prima facie case.