Daniël Mostert v Cape Town City Council

A major municipal water pipeline owned and operated by the Cape Town City Council burst on 18 December 1990 under Voortrekker Road in Parow. The burst caused extensive flooding and damage to neighbouring properties, including the appellant Mostert’s furniture shop, Furni-Scene. Mostert claimed damages of R307 458 for loss to stock. The pipeline, constructed in 1921 of cast-iron pipes, had experienced a number of bursts over decades. Mostert alleged that the Council was negligent in failing to replace the ageing pipeline, failing to conduct regular pressure testing to detect weaknesses, and alternatively failing to insure itself against claims by affected property owners. Liability and quantum were separated, with the appeal concerned only with liability.

The appeal was dismissed. The finding that the Cape Town City Council was not liable in delict for the damage suffered by Mostert was confirmed. The application to introduce new evidence was refused.

The case is significant for clarifying the limits of municipal liability in delict for infrastructure failures. It confirms that a plaintiff bears the onus of proving negligence and causation, and that the mere occurrence of damage-causing events such as pipe bursts does not justify an inference of negligence. The judgment underscores judicial caution in second-guessing complex engineering and policy decisions of municipalities, particularly where costs, practicality, and competing public interests are involved.