The Supreme Court of Appeal allowed the appeal and held that wrongfulness is not presumed.  Regard must be had to considerations of public and legal policy.  It depends on a legal duty and whether or not it would be reasonable to impose delictual liability for loss on a specific omission.

The South African Hang and Paragliding Association v Bewick (1010/2013) [2015] ZASCA 34; [2015] 2 All SA 581; 2015 (3) SA 449 (SCA) (25 March 2015) per Brand JA [Mhlantla, Leach, Saldulker et Mbha JJA concurring]

SCA Summary:  Delict – respondent injured in paragliding accident while transported as passenger for reward – issue whether tandem paragliding for reward illegal – further issue, whether in that event failure by appellants to prevent the illegal activity constituted wrongfulness in delict – further issue whether appellants’ omission was causally connected to harm suffered by respondent.