Luipaardsvlei Estate and G M Co Ltd v Byng [1911] ZATPD 85 (12 June 1911)

Master and Servant - Workmen's Compensation - Serious and Wilful Misconduct - Presumption - Breach of Rules by Workman - Mining Regulation - Act 36 of 1907, sec.2

Misconduct to be "wilful" within the meaning of sec.2 of Act 36 of 1907 must be deliberate and not merely a thoughtless act done on the spur of the moment. Whether an act amounts to "serious and
wilful misconduct" is a question of fact to be determined without recourse to any rules of presumption. Consequently an act in breach of a rule, such as a mine regulation, known to the workman, does not
raise any presumption that the act was "wilful."
(Curlewis, J., diss. on the facts.)