Brooks v Minister of Safety and Security (7333/2003) [2007] ZAWCHC 51; [2007] 4 All SA 1389 (C); 2008 (2) SA 397 (C); (20 September 2007)

Brooks v Minister of Safety and Security (7333/2003) [2007] ZAWCHC 51; [2007] 4 All SA 1389 (C); 2008 (2) SA 397 (C); (20 September 2007)

The court held that the dependants' action for loss of support is based on a wrongful act committed against the dependant, not the breadwinner. However, the extension of delictual liability to cover loss of support arising from the breadwinner's own criminal act, which renders him unable to support his dependants, is not supported by public or legal policy. The police's omission did not give rise to a legal duty to prevent Brooks from acting in a manner that resulted in his incarceration and consequent inability to support the plaintiff. The constitutional and common law duties of parents and the State to provide care and social services do not abrogate the common law claim for support,...

Citation
[2007] ZAWCHC 51
Parties
Plaintiff: Aaron Jonathan Brooks; Defendant: Minister of Safety and Security
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
20 September 2007
Case Number
7333/2003
Procedural Posture
Civil Trial / Exception to Particulars of Claim
Outcome
Exception to the plaintiff's claim for loss of support and loss of education opportunity arising from the incarceration of his father is upheld with costs.
Judges
HJ Erasmus
Legal Topics
Dependants Action, Loss of Support, Pure Economic Loss, Wrongfulness, Causation, Duty of Care
Delict Dependants Action Loss of Support Pure Economic Loss Wrongfulness Causation Duty of Care

Case Brief

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Parties

Aaron Jonathan Brooks

Plaintiff

Minister of Safety and Security

Defendant

Procedural Posture

Civil Trial / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the police owed a legal duty to the plaintiff to prevent loss of support arising from the incarceration of his father.
  2. 2 Whether the negligent omission by police officers to initiate proceedings under section 11 of the Arms and Ammunition Act 75 of 1969 was wrongful in the delictual sense.
  3. 3 Whether the plaintiff's claim for loss of support and loss of education opportunity arising from his father's incarceration discloses a cause of action.

Ratio Decidendi

The court held that the dependants' action for loss of support is based on a wrongful act committed against the dependant, not the breadwinner. However, the extension of delictual liability to cover loss of support arising from the breadwinner's own criminal act, which renders him unable to support his dependants, is not supported by public or legal policy. The police's omission did not give rise to a legal duty to prevent Brooks from acting in a manner that resulted in his incarceration and consequent inability to support the plaintiff. The constitutional and common law duties of parents and the State to provide care and social services do not abrogate the common law claim for support,...

Court Disposition

Exception to the plaintiff's claim for loss of support and loss of education opportunity arising from the incarceration of his father is upheld with costs.

Orders

  • The exception to the plaintiff's claim for loss of support and for loss of an education opportunity arising from the incarceration of his father, Neil Brooks, is upheld with costs, including the costs occasioned by the employment of two counsel.
  • The plaintiff is given leave, if so advised, to file amended particulars of claim within one month.