On 28 March 2025, the Supreme Court of Appeal (the “SCA”) delivered a judgment involving an incident that took place during a 2014 woman’s running race in Mouille Point, Cape Town, which was not closed off to the public.
The appellant, a seasoned road runner (who we will call the “athlete” for ease of reference), collided with Ms Yasmin Salie (“Salie”), a member of the public, who was stationary on the pavement, causing her to fall and sustain injuries. Despite the collision, the athlete did not stop but continued with her race.
Salie brought a claim for damages against both the athlete and the race organiser, Western Province Athletics (“WPA”). The High Court in Cape Town (the “High Court”) dismissed Salie’s claim, stating that as a spectator, she should have been aware of approaching runners and failed to establish negligence on the part of either the athlete or WPA.
However, the High Court’s decision was appealed to a full court (three judges) (the “full court”), which overturned the ruling. The full court found the athlete liable for 30% of any damages Salie could prove, but dismissed Salie’s claim against WPA. The athlete, unhappy with the full court’s decision appealed to the SCA (five judges). The SCA granted the athlete special leave to appeal.
The SCA held that a reasonable person in the athlete’s position would have anticipated the possibility of pedestrians being in her path. The SCA rejected the athlete’s argument based on English case law concerning the duty of care at sporting events, noting that the race was not held in a controlled venue like a stadium, where spectator safety is typically managed and regulated. The SCA found that the athlete, by her own admission, had focused solely on the ground in front of her and her fellow competitors, with no regard for other users of the pavement and oblivious to what is happening around her. Judge Anton Schippers, who wrote the judgment, stated that the athlete should have adjusted her running by slowing down or taking steps to avoid a collision with Salie.
The SCA dismissed the athlete’s appeal with costs, leaving the athlete with having to pay 30% of any damages Salie sustained and a huge cost bill – her own and Salie’s. An expensive race for Ms Kalmer.
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