Case Analysis: Bennet v Prima Toys and Leisure Trading (Pty) Ltd
and Focus Asbestos Removal Services CC (7 November 2025)
The Bennet v Prima Toys case confirms an important legal reality that directly affects
electricians and electrical contractors. The court made it clear that you cannot avoid
responsibility for safety simply by having paperwork in place, appointing another party,
or relying on agreements or reports. If harm is foreseeable and you are in a position
to prevent it, the law expects you to do so.
For electricians, the position is even stricter than in many other trades. Electrical work
may not be used unless it is inspected, tested, and certified. When a registered person
signs a Certificate of Compliance, they are effectively saying, “This installation is safe
to use.” That statement carries legal weight and accountability. If the installation later
causes harm because it does not comply with SANS 10142-1 or was installed in an
unsafe manner, the electrician and the contractor can be held legally responsible.
The key lesson is simple. Electrical contractors are treated as experts by law. There
is no defence based on ignorance, rushing the job, or assuming someone else would
catch a problem later. If the installation is unsafe, and a Certificate of Compliance is
issued, liability is easier to prove against an electrician than against many other trades.
The law expects electrical work to be safe before it is switched on, not discovered to
be unsafe after someone is injured.