Crafford v South African National Roads Agency Limited

The appellant was seriously injured when his motor vehicle collided at night with a kudu on the R510 national road between Thabazimbi and Ellisras. The South African National Roads Agency Limited (SANRAL) was responsible for the maintenance of the road and the adjacent road reserve. The appellant claimed damages, alleging that SANRAL negligently failed to mow the grass in the road reserve, allowing it to grow so high that it obscured his view of the kudu until it entered the roadway, when it was too late to avoid a collision. There was no direct evidence of how the collision occurred, and the appellant suffered retrograde amnesia as a result of his injuries.

The appeal was dismissed with costs, including the costs of two counsel.

The case is significant for its clear application of the principles of factual causation in delict, particularly in cases involving omissions by public authorities and harm caused by wild animals on roads. It underscores that plaintiffs must prove causation on a balance of probabilities and that courts will not draw inferences based on speculation where multiple plausible explanations exist.