City of Cape Town v Carelse and Others

Ms Fatiema Carelse visited Harmony Park Day Camp, a public seaside resort under the control of the City of Cape Town, on 7 December 2013. Despite municipal by-laws prohibiting dogs and prominent signage at the main entrance, a pitbull dog owned by Quinton Eksteen and brought by Dylan Eksteen entered the resort through an unmanned side entrance lacking signage and access control. While Carelse was swimming in a tidal pool, the dog attacked and seriously injured her. She sued the City for damages, alleging that it negligently breached its legal duty to ensure the safety of visitors by failing to provide adequate access control and signage at all entrances. The City admitted a general duty of care but denied negligence, arguing that the dog’s presence was unlawful and due to third-party conduct. The High Court found the City liable, with a 50% contribution from the dog owner. The City sought leave to appeal to the Supreme Court of Appeal.

The application for leave to appeal was dismissed with costs, including the costs of two counsel where employed.

This case reinforces principles of municipal liability for omissions in delict, particularly where public facilities are concerned. It confirms that municipalities may be held liable where they fail to implement comprehensive and reasonable safety measures across all access points, especially when risks are foreseeable and preventative steps are neither complex nor prohibitively costly.