Delictual liability of local government in respect of omissions

Abstract

None provided. The following is the author's Introduction:

Public officials are liable for the damages caused by any delicts, which they commit whilst executing statutory powers and duties. In English law this liability is catered for by the availability of various actions in the law of tort: in other words, the torts of negligence, misfeasance in public office, breach of statutory duty, false imprisonment and others

Many of these branches of the law are in a state of rapid development in England and public lawyers now recognize a wide array of remedies combine to provide compensation for unlawfull administrative action

Namibia (and South Africa) does possess a highly flexible principle of delictual liability. Despite this there appears to be a great lack of agreement in matters relating to delicts in municipal cases. For a greater understanding of the problem it is important firstly to have regard to the historical development of local government and how delictual liability for public authorities has come about and has changed over time. Further to examine the changes that need to occur for Namibian law of delict to take account of changes that occurred in other countries