Adams v Minister of Police (5065/11) [2012] ZAWCHC 222 (25 October 2012)

Adams v Minister of Police (5065/11) [2012] ZAWCHC 222 (25 October 2012)

The court found that the police failed in their duty to properly search the deceased and the cell, resulting in the deceased retaining shoelaces with which he hanged himself. The police's explanations for not removing the shoelaces were found to be unsatisfactory and implausible. The court held that the police's conduct was both negligent and wrongful, as they had a legal duty to act positively to prevent harm to the deceased. The failure to discharge this duty established liability for the damages claimed by the plaintiff.

Citation
[2012] ZAWCHC 222
Parties
Plaintiff: E.C Adams; Defendant: The Minister of Police
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
25 October 2012
Case Number
5065/11
Procedural Posture
Civil Trial / Judgment
Outcome
Plaintiff's claim succeeds; defendant found liable for damages.
Judges
Traverso
Legal Topics
Duty of Care, Wrongful Omission, Negligence, Police Liability, Loss of Support, Damages for Emotional Shock
Delict Duty of Care Wrongful Omission Negligence Police Liability Loss of Support Damages for Emotional Shock

Case Brief

Summary, issues, holding and outcome

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Parties

E.C Adams

Plaintiff

The Minister of Police

Defendant

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 Whether the defendant owed a legal duty of care to the deceased while in police custody.
  2. 2 Whether the police breached their duty by failing to remove dangerous objects from the deceased.
  3. 3 Whether the police's conduct was wrongful and negligent, resulting in liability for damages.

Ratio Decidendi

The court found that the police failed in their duty to properly search the deceased and the cell, resulting in the deceased retaining shoelaces with which he hanged himself. The police's explanations for not removing the shoelaces were found to be unsatisfactory and implausible. The court held that the police's conduct was both negligent and wrongful, as they had a legal duty to act positively to prevent harm to the deceased. The failure to discharge this duty established liability for the damages claimed by the plaintiff.

Court Disposition

Plaintiff's claim succeeds; defendant found liable for damages.

Orders

  • Defendant is ordered to pay the plaintiff the amount of R243,400.00.
  • Defendant is ordered to pay the plaintiff's costs, including the reasonable and necessary qualifying costs of Mr. Marc Lipchitz (clinical psychologist), Dr. Keir Le Fevre (psychiatrist), and Dr. Eugene Burger (medical practitioner).