In a recent judgment, the Constitutional Court considered an
application for leave to appeal from the Supreme Court of Appeal
("SCA"). The application was instituted
by Shoprite Checkers (Pty) Ltd
("Shoprite") against Cecil Tshepo
Mokopane Mafate N.O ("Mr Mafate"). Mr
Mafate was the court appointed curator ad litem of Ms Nolunga
Mkhwanazi ("Ms Mkhwanazi")
Ms Mkhwanazi worked as a packer for Smollan Sales and Marketing
which offers merchandising services at retail stores. On 15 October
2014, Ms Mkhwanazi was doing merchandising work at Checkers Hyper
at the Meadowdale Mall in Edenvale. Her job entailed being lifted
high up in a cage that was attached to a forklift to enable her to
pack merchandise on high-up shelves. Whilst a few metres up, the
cage tilted resulting in Ms Mkhwanazi falling off and landing on
the floor. As she lay on the floor, the cage fell on her, hitting
her on her head. The severe head injury sustained by her resulted
in permanent mental
