State liability claims
For people and families who believe they were harmed because a government department, a municipality or another public body did not take reasonable care.
What this covers — and what it doesn't
This page is about claims for compensation when someone is hurt because a government body did not take reasonable care. That body may be a national or provincial government department, a municipality, or another public body such as SANRAL, the national roads agency. The law calls these bodies "organs of state". Typical examples are injuries linked to a badly maintained public road, an open manhole, exposed electrical cables, an unsafe public building, or neglect in prison. Claims against these bodies are possible, but they come with their own strict rules.
Two questions decide these matters. First, who was responsible? A road may be looked after by SANRAL, the province or the municipality. Electrical cables may belong to the municipality, to Eskom or to a private owner. Claiming against the wrong one, or sending notice to the wrong office, can put the claim at risk. Finding this out is part of our assessment. Second, can it be proved? Being hurt on public property is not, on its own, proof that the state is liable. It must be shown that the responsible body failed to take reasonable steps to prevent the harm, and that this failure caused the injury.
Some harm involving the state follows a different route. If police officers were involved, for example during an arrest, detention or assault, see Claims against the Minister of Police. Injuries caused by the negligent driving of a motor vehicle usually go through the Road Accident Fund, which has its own page. But if a crash was caused by the road itself, such as a pothole, there may be a claim against the body that looks after the road, instead of or as well as a claim against the Fund. You do not need to decide which route is yours. Our role is to find the right route and the right party, see that notice is given properly once we are engaged, and tell you honestly whether the evidence supports a claim.
- An injury or crash linked to a pothole or a badly maintained public road
- A fall into an open manhole, an uncovered drain or a similar hole in a public place
- An electric shock from exposed cables, a damaged streetlight or an open electrical box
- An injury at a public school or in another state-run building
- Injury or illness in prison (a correctional centre) that may point to neglect
Examples only — never a conclusive legal test. Whether a claim exists always depends on the facts and evidence of the specific matter. A public road, pavement, park or school usually belongs here. A privately owned shop, mall or venue usually belongs under Injuries in public places. Harm from medical treatment at a public hospital or clinic belongs under Medical negligence, but a fall or other accident on hospital premises can belong here. Injuries on trains or at stations are covered under Railway accidents. If you are unsure, tell us in broad terms and we will work out which route fits. Please do not share detailed personal or medical information through public forms. Once we are engaged, we will ask for what we need through a secure channel.
What to keep safe, starting now
- Get medical help first — your health comes before any claim. Keep every medical record, account and script, and proof of any income you lose
- If it is safe, photograph the hazard and the area around it before it is repaired or covered, or ask someone you trust to do it. A shoe beside a pothole shows its size. Never touch or go near exposed cables or the edge of an open hole, and do not stand in traffic to take a picture
- Write down the precise location (street, nearest landmark, pole or manhole number) and the date and time
- Keep the names and contact details of witnesses, and any reference numbers for earlier complaints about the hazard
- Keep copies of anything you send to or receive from the government body involved. A complaint is not the formal legal notice. Do not sign anything they send you, or post about the injury on social media, before you get advice
Most claims against a government department, a municipality or another public body need formal written notice under the Institution of Legal Proceedings against Certain Organs of State Act, and the time allowed is short. A separate general time limit, called prescription, also applies. Missing either can end the claim. Contact us promptly rather than trying to work out the deadlines yourself. If you think you may already be late, still contact us: do not assume the claim is lost.
Leshilo Attorneys Incorporated · 11 Rabe Street, Corner President Paul Kruger Street, Polokwane Central, Polokwane · 015 280 0070 · leshiloattorneys.com
The path to resolution
High-level stages — matters differ, experts may be involved, and honest uncertainty is part of proper advice.
Fees are agreed in writing before work starts — no verbal fee promises, here or anywhere. Depending on the matter, regulated contingency ("no win, no fee") arrangements may be available, subject to the legal caps and formalities. How fees work, in plain language.
Tell us what happened
Only the broad outline at first. Sending an enquiry does not make us your attorneys, and it does not stop any time limit. If we act for you, the engagement is agreed in writing.
Finding who is responsible
Once we are engaged, we work out which department, municipality or other body was responsible, and see that the formal notice reaches the right office in the proper form. This often has to happen before we know everything about the claim, because the deadline will not wait.
Honest merits advice
We tell you plainly whether the evidence supports a claim. An injury on public property is not enough on its own.
Claim and litigation
Where the claim has merit, we work out the extent of the harm, using independent medical and other experts where needed, and pursue the claim against the responsible department, municipality or other public body.
Questions people ask
- Who do I actually claim against?
- That depends on who was responsible for whatever caused the harm. For a national or provincial department, the State Liability Act says the responsible Minister, or the MEC (the provincial equivalent of a minister), is named as the defendant on behalf of the state. Police claims, for example, are brought against the Minister of Police. A claim against a municipality, or against a public body with its own legal identity such as SANRAL, is brought against that body itself. You do not need to work this out yourself. Getting it right is part of our job once we are engaged, and it has to be done before the formal notice goes out.
- I already reported it to the municipality. Is that enough?
- Usually not. Keep the complaint and its reference number, because they may help show the hazard was known. But the law requires a formal written notice with particular contents, delivered in a set way, and the time allowed is short. A court can sometimes excuse a notice that was not given in time, but only on strict conditions, and that is not something to rely on. Contact us promptly.
- I was hit by a government vehicle. Is that a state liability claim?
- For your injuries, usually not. Injuries caused by the negligent driving of a motor vehicle are generally claimed from the Road Accident Fund, even when the vehicle belongs to the state. The Fund has its own rules and time limits. The Fund does not pay for damage to your vehicle or other property, so that may be a separate claim against the state, and that claim usually needs its own formal notice. We will tell you which route fits your facts.
Answers last reviewed 21 September 2026 · Jurisdiction: South Africa · see the disclaimer.
Who works on these matters
From the briefing room
Prescription and time limits: why waiting can cost you your claim
Claims expire. Some quietly, some quickly, and some in ways that surprise people — notice periods for state defendants, special RAF rules, and the narrow exceptions. Why 'I'll deal with it later' is the most expensive sentence in personal injury law.
Injured in a shop or public place: how occupier liability actually works
Being hurt on someone's premises does not automatically make them liable — and being told 'you should have looked where you were going' does not automatically end the claim. What the law weighs, and which evidence decides it.
The confidential next step.
Call during office hours, or open a confidential enquiry — it reaches only authorised staff, never a marketing tool.
Submitting an enquiry does not create an attorney-client relationship. We confirm receipt, review conflicts and suitability, and agree any engagement in writing.
This page is general information, not legal advice. No attorney-client relationship exists until an engagement is agreed in writing. Outcomes depend on the facts, evidence and law of each matter, and past results do not guarantee future outcomes. Deadlines can be short — do not rely on this website to determine or preserve them.