B.M obo O.M.M v Minister of Police (1321/2018) [2024] ZANWHC 245 (20 September 2024)

B.M obo O.M.M v Minister of Police (1321/2018) [2024] ZANWHC 245 (20 September 2024)

The court found that the minor child, O.M.M, suffered serious physical and psychological injuries as a result of being shot by police during a protest. The merits of liability were conceded, leaving only the quantum of damages for determination. After considering expert evidence from both parties, the court accepted the defendant's proposed contingencies of 5% pre-morbid and 25% post-morbid for loss of earnings, resulting in an award of R1,278,000.00. For general damages, the court considered comparable case law and the impact of the injuries on the minor's life, awarding R550,000.00. Future medical expenses were determined based on joint expert minutes and awarded at R500,000.00. The...

Citation
[2024] ZANWHC 245
Parties
Plaintiff: B[...] C[...] M[...] obo O.M.M; Defendant: Minister of Police
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
20 September 2024
Case Number
1321/2018
Procedural Posture
Civil Action / Quantum Determination After Merits Conceded
Outcome
Plaintiff's claim for damages on behalf of the minor child is upheld; quantum determined and awarded as specified.
Judges
T Djaje
Legal Topics
Personal Injury, Quantum of Damages, Loss of Earning Capacity, Future Medical Expenses, General Damages
Delict Civil Procedure Personal Injury Quantum of Damages Loss of Earning Capacity Future Medical Expenses General Damages

Case Brief

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Parties

B[...] C[...] M[...] obo O.M.M

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Action / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 What is the appropriate quantum of damages for the minor child O.M.M, including general damages, loss of earning capacity, and future medical expenses.
  2. 2 What contingencies should be applied in calculating loss of earnings.
  3. 3 What is a fair and reasonable amount for general damages given the nature and impact of the injuries.

Ratio Decidendi

The court found that the minor child, O.M.M, suffered serious physical and psychological injuries as a result of being shot by police during a protest. The merits of liability were conceded, leaving only the quantum of damages for determination. After considering expert evidence from both parties, the court accepted the defendant's proposed contingencies of 5% pre-morbid and 25% post-morbid for loss of earnings, resulting in an award of R1,278,000.00. For general damages, the court considered comparable case law and the impact of the injuries on the minor's life, awarding R550,000.00. Future medical expenses were determined based on joint expert minutes and awarded at R500,000.00. The...

Court Disposition

Plaintiff's claim for damages on behalf of the minor child is upheld; quantum determined and awarded as specified.

Orders

  • Defendant to pay R1,278,000.00 to the plaintiff for loss of earnings.
  • Defendant to pay R500,000.00 to the plaintiff for past and future medical expenses.