PVL3703
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: AUGUST 2025
, Law of Delict
In order for someone to be held liable in terms of the South African law of delict, five
elements must be present: conduct, wrongfulness, fault, causation, and harm. This
answer will focus only on the first requirement – conduct – and whether Tumelo’s
actions meet this element.
What Is “Conduct” in Delict?
In delict, conduct refers to a voluntary human act or omission. This means that the
person must be physically and mentally in control of what they’re doing at the time. If
someone acts involuntarily, such as when they are asleep, unconscious, or in a state
of automatism (automatic behaviour without awareness), then their actions may not
count as “conduct” for delictual purposes.
Important: If there’s no voluntary action, then there’s no “conduct” in the eyes of the law
– and no delictual claim can succeed on that basis.
Was Tumelo’s Act Voluntary?
In this case, Tumelo stabbed Mandla while sleepwalking. According to the facts, Tumelo
believed (in his sleep state) that he was being attacked, when in fact Mandla was trying
to help him. Because he was sleepwalking, it’s likely that his actions were not
voluntary.
In South African law, someone who is sleepwalking is generally not seen as acting
voluntarily because they are not conscious or in control of their body at the time.
In R v Mkize 1959 (2) SA 260 (N), the court found that a person who killed someone
while sleepwalking could not be held criminally liable because the act was involuntary.
Although this is a criminal case, the same principle applies in delict: no voluntary
conduct means no liability.
Does Not Taking the Medication Matter Here?
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: AUGUST 2025
, Law of Delict
In order for someone to be held liable in terms of the South African law of delict, five
elements must be present: conduct, wrongfulness, fault, causation, and harm. This
answer will focus only on the first requirement – conduct – and whether Tumelo’s
actions meet this element.
What Is “Conduct” in Delict?
In delict, conduct refers to a voluntary human act or omission. This means that the
person must be physically and mentally in control of what they’re doing at the time. If
someone acts involuntarily, such as when they are asleep, unconscious, or in a state
of automatism (automatic behaviour without awareness), then their actions may not
count as “conduct” for delictual purposes.
Important: If there’s no voluntary action, then there’s no “conduct” in the eyes of the law
– and no delictual claim can succeed on that basis.
Was Tumelo’s Act Voluntary?
In this case, Tumelo stabbed Mandla while sleepwalking. According to the facts, Tumelo
believed (in his sleep state) that he was being attacked, when in fact Mandla was trying
to help him. Because he was sleepwalking, it’s likely that his actions were not
voluntary.
In South African law, someone who is sleepwalking is generally not seen as acting
voluntarily because they are not conscious or in control of their body at the time.
In R v Mkize 1959 (2) SA 260 (N), the court found that a person who killed someone
while sleepwalking could not be held criminally liable because the act was involuntary.
Although this is a criminal case, the same principle applies in delict: no voluntary
conduct means no liability.
Does Not Taking the Medication Matter Here?
