The Faculty of Law at the University of the Free State (UFS) recently presented a unique debate on the law of delict on the Main Campus in Bloemfontein. The colloquium was attended by six current and two retired judges of the Supreme Court of Appeal, including Justice Craig Howie, President of the Supreme Court of Appeal, as well as two judges from the Free State provincial division. Twelve of the most prominent academics and authors on the law of delict from across the country, members of the Free State Bar, as well as staff from the faculty were present. Arguments centred on the element wrongfulness and how it should be determined as well as how it differs from fault and more specifically negligence. Unfortunately no unanimity about how judgments of the Supreme Court of Appeal on how this issue should be interpreted could be reached. Attendees however agreed that this was a useful debate that served to highlight the importance of this issue and they expressed their appreciation for the opportunity. As far as could be ascertained, this was the first time that a debate regarding the law of delict took place on this level. At the colloquium were, from the left: Prof. Johann Neethling (speaker at the colloquium and author on the law of delict, Unisa), Prof. Rita-Marié Jansen (Department of Private Law at the UFS and organiser of the colloquium), Prof. Johan Potgieter (author on the law delict, Unisa), Appeal Judge Craig Howie (President of the Supreme Court of Appeal), and Judge Mojalefa Rampai (Free State Provincial Division of the Supreme Court).
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