Cilliers v Steenkamp (1386/2014) [2015] ZAWCHC 177 [2015] JOL 34781 (WCC) (25 November 2015) per JI Cloete J.

In para [47] the High Court confirmed that a party relying on a breach of a statutory duty  must prove that:

  • the statute, properly interpreted, gives a right of action
  • the plaintiff is a person for whose benefit the duty was imposed
  • the damage suffered is of the kind contemplated by the statute
  • the defendant’s conduct constituted a breach of the statutory duty and
  • the breach was causally linked to the damage.

Exception may be taken against the claim if these allegations are not made, because it fails to disclose a cause of action, or is vague and embarrassing and results in severe  prejudice.