THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Reportable Case no: 277/2020 In the matter between: HIRT & CARTER (PTY) LTD APPELLANT and T ARNTSEN NO FIRST RESPONDENT BIG CONCERTS INTERNATIONAL (PTY) LTD ALLIANCE SAFETY CC SAFETY MANAGEMENT T/A SECOND RESPONDENT ALLIANCE GLAXOSMITHKLINE (PTY) LTD MAXWILL 137 CC T/A BOTHMA SIGNS THIRD RESPONDENT FOURTH RESPONDENT FIFTH RESPONDENT VERTEX SCAFFOLNDING CC SIXTH RESPONDENT THE CITY OF CAPE TOWN SEVENTH RESPONDENT BLK OPS (PTY) LTD EIGHTH RESPONDENT THE MINISTER OF SAFTEY AND SECURITY NINTH RESPONDENT LESLIE JAMES HEAVEN TENTH RESPONDENT 2 NATIONAL DIRECTOR PROSECUTIONS Neutral citation: OF PUBLIC ELEVENTH RESPONDENT Hirt & Carter (Pty) Ltd v IT Arntsen N O and Others (Case no 277/2020) [2021] ZASCA 85 (18 June 2021) Coram: NAVSA, MOCUMIE, DLODLO JJA and POTTERILL and POYODLWATI AJJA Heard: Delivered: 14 May 2021 This judgment was handed down electronically by circulation to the parties’ legal representatives by email, publication on the Supreme Court of Appeal website and release to SAFLII. The date and time for hand-down is deemed to be 10h00 on 18 June 2021. Summary: Inquest — review of inquest finding — no material mistake of law impacting outcome — prima facie evidence of act or omission involving or amounting to an offence. 3 ORDER On appeal from: Western Cape Division of the High Court, Cape Town (Allie, Saldanha, and Nuku JJ sitting as court of review of an inquest finding): The appeal is dismissed. JUDGMENT Potterill AJA (Navsa, Mocumie, Dlodlo JJA and Poyo-Dlwati AJA concurring) Introduction [1] At a Linkin Park concert held at the Cape Town Stadium on 7 November 2012 Mrs Florentia Loredana Popa tragically lost her life when scaffolding structures, to which advertising material was attached, collapsed causing open blunt force trauma to her head resulting in her untimely demise. Several other concertgoers were also injured as a result of the scaffolding collapse. Pursuant to this tragedy an inquest was held in terms of s 5(2) of the Inquests Act 58 of 1959 (the Act) and the Magistrate found, in terms of s 16(2)(d) thereof, that the death of Mrs Popa was brought about by an act or omission on the part of the appellant (Hirt & Carter (Pty) Ltd), Vertex Scaffolding CC (Vertex) and Maxwill 137 CC t/a Bothma Signs (Bothma Signs), that prima facie involves or amounts to an offence. [2] Hirt & Carter took the finding of the Magistrate on review in the Western Cape Division of the High court, Cape Town, before three judges. None of the respondents opposed the review application. Bothma Signs filed an affidavit setting out that it was 4 not in a financial position to pursue review proceedings. A full court dismissed the review application. It is against that finding, with leave of this Court, that Hirt & Carter is appealing. There was no opposition to the appeal. [3] The review was brought in terms of Uniform Rule 53 under the common law and/or read with the Promotion of Administrative Justice Act 3 of 2000 (PAJA). In heads of argument in this Court, it was accepted that Hirt & Carter’s application for review may be treated as one in terms of the common law. It was submitted before us that the Magistrate had committed a material error of law of the kind that justified the setting aside of the finding referred to at the end of para 1. I intend to deal with that question after having regard to the background, which appears hereafter, including the Magistrate’s findings based on the evidence adduced before her and the findings of the full court. It should be borne in mind throughout that we are dealing with a review and not an appeal. Much of the background set out hereafter is common cause. [4] Big Concerts International (Pty) Ltd (Big Concerts) organised the Linkin Park concert at two venues, Johannesburg and Cape Town. Alliance Safety CC t/a Alliance Safety Management (Alliance Safety) was responsible for the safety at the concert. Glaxosmithkline (Pty) Ltd (GSK) provided sponsorship. Hirt & Carter, a media company specialising in designing media and advertising campaigns, was approached by GSK who owned the Lucozade energy drinks brand, to assist with a campaign to advertise Lucozade at the two concerts of Linkin Park to be held in Cape Town and Johannesburg. It is necessary to record that there was an established one year- relationship in place between GSK and Hirt & Carter at the time that the latter was contract

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