Flanders v Trans Zambezi Express (Pty) Ltd and Another

The case arose from a serious motor vehicle accident that occurred during the early hours of 12 April 2001 near Masvingo in Zimbabwe. A passenger bus owned by Trans Zambezi Express (Pty) Ltd and driven by its employee, Mr Sibeni, collided with an unlighted, stationary Puma military vehicle belonging to the Zimbabwean Defence Force. The Puma had broken down and was left unattended with its rear protruding into the bus’s lane of travel. It was dark, with no street lighting. The bus driver had dipped his headlights due to the glare from an oncoming vehicle and did not brake or slow down before the collision. Eight passengers were killed and many injured, including the appellants, who instituted delictual claims in the Cape High Court against the bus owner and driver.

The appeal to the Supreme Court of Appeal was upheld with costs. The order of the full court granting absolution from the instance was set aside, and replaced with an order dismissing the respondents’ appeals to that court, thereby reinstating the trial court’s finding that the respondents were liable for the appellants’ proven damages.

This case is significant in South African delictual jurisprudence for its clarification of the duty of care owed by drivers when visibility is impaired at night. It affirms that while there is no absolute rule requiring a driver always to be able to stop within the range of vision, a failure to slow down or brake in circumstances of foreseeable danger—such as glare from oncoming headlights—may constitute negligence. The judgment is frequently cited in cases involving night driving and collisions with stationary or unlighted obstructions.