PVL3703
Assignment 1
DUE 2025
, Law of Delict
Legal Opinion on Tumelo’s Behaviour and the Element of Conduct
Introduction
In South African delictual law, establishing liability requires proof of five essential
elements: (1) conduct, (2) wrongfulness, (3) fault, (4) causation, and (5) harm. This legal
opinion focuses on the first element—conduct—and determines whether Tumelo’s
actions satisfy this foundational requirement for delictual liability.
Meaning of “Conduct” in Delict
In the law of delict, conduct refers to a voluntary physical action or omission by a
natural person. For an act to constitute conduct, it must be willed—meaning that the
person must be conscious and in control of their bodily movements at the time of the
act. Involuntary acts, such as those performed during unconscious states (including
automatism, sleepwalking, or seizures), do not qualify as conduct in the legal sense.
This principle is pivotal: if no voluntary act is present, the analysis of the other elements
of delict cannot proceed, as liability cannot arise without conduct.
Assessment of Tumelo’s Behaviour
According to the provided facts, Tumelo stabbed Mandla while in a sleepwalking state.
He mistakenly believed he was being attacked, although Mandla was attempting to help
him. The key question is whether Tumelo’s sleepwalking rendered his actions
involuntary.
Under South African law, actions carried out while sleepwalking are typically
deemed involuntary, as the individual lacks awareness and control. As such, they
cannot be said to have acted in a legally relevant sense. This principle was established
in the case of R v Mkize 1959 (2) SA 260 (N), where the court found that an accused
Assignment 1
DUE 2025
, Law of Delict
Legal Opinion on Tumelo’s Behaviour and the Element of Conduct
Introduction
In South African delictual law, establishing liability requires proof of five essential
elements: (1) conduct, (2) wrongfulness, (3) fault, (4) causation, and (5) harm. This legal
opinion focuses on the first element—conduct—and determines whether Tumelo’s
actions satisfy this foundational requirement for delictual liability.
Meaning of “Conduct” in Delict
In the law of delict, conduct refers to a voluntary physical action or omission by a
natural person. For an act to constitute conduct, it must be willed—meaning that the
person must be conscious and in control of their bodily movements at the time of the
act. Involuntary acts, such as those performed during unconscious states (including
automatism, sleepwalking, or seizures), do not qualify as conduct in the legal sense.
This principle is pivotal: if no voluntary act is present, the analysis of the other elements
of delict cannot proceed, as liability cannot arise without conduct.
Assessment of Tumelo’s Behaviour
According to the provided facts, Tumelo stabbed Mandla while in a sleepwalking state.
He mistakenly believed he was being attacked, although Mandla was attempting to help
him. The key question is whether Tumelo’s sleepwalking rendered his actions
involuntary.
Under South African law, actions carried out while sleepwalking are typically
deemed involuntary, as the individual lacks awareness and control. As such, they
cannot be said to have acted in a legally relevant sense. This principle was established
in the case of R v Mkize 1959 (2) SA 260 (N), where the court found that an accused
