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PVL3703 Assignment 2 Semester 1 2023
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PVL3703Assignment 2
Semester 1 -2023
Cable thieves have been busy with attempts to steal electrical cables overnight
on the outskirts of Tshwane. As a result of their illegal activities, a live electrical
cable is hanging low over a public road. While driving towards his workplace,
Mr Ngwenya, who lives on a smallholding outside Tshwane, sees the low-
hanging cable. As a concerned and responsible citizen, Mr Ngwenya
immediately reports it to ESKOM, explaining to the ESKOM officials that the low-
hanging cable is creating an extremely hazardous situation. However, ESKOM
does nothing to eliminate the danger. Late that afternoon, Mr Naidoo, a
physically fit man, but with poor eyesight, jogs along the road. His head hits the
low-hanging electrical cable, and he sustains severe injuries. Mr Naidoo wishes
to institute a delictual action against ESKOM.
Write an opinion, properly substantiated with reference to case law, only on the
wrongfulness of the conduct of the ESKOM officials (15 Marks).
You are welcome to commence with planning and formulating your answer. The
assignment officially opens on 28 March 2023 and the final date for submission
is 14 April 2023
Answer
This question deals with the wrongfulness of an omission.
There are two elements involved to determine whether the infringement of interests is
unlawful is the legal convictions of the community, or the boni mores. The latter test is
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