Dayimane v Minister of Correctional Services (EL 428/08, ECD 928/08) [2011] ZAECELLC 18 (13 December 2011)

Dayimane v Minister of Correctional Services (EL 428/08, ECD 928/08) [2011] ZAECELLC 18 (13 December 2011)

The court found that the plaintiff suffered severe and permanent injuries as a result of an assault by prison warders, resulting in permanent wheelchair dependence and total reliance on others for daily living. The quantum for all heads of damages except general damages was agreed between the parties. In determining general damages, the court considered comparable case law and the severity of the plaintiff's injuries, concluding that an award of R400,000.00 was appropriate. The court applied a 15% contingency to future medical expenses, given the uncertainties inherent in such projections, but declined to apply any contingency to future loss of earnings, as the plaintiff's medical...

Citation
[2011] ZAECELLC 18
Parties
Plaintiff: Vuyisile Dayimane; Defendant: Minister of Correctional Services
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
13 December 2011
Case Number
EL 428/08, ECD 928/08
Procedural Posture
Civil Trial / Quantification of Damages After Liability Determined
Outcome
Judgment for the plaintiff. Defendant ordered to pay damages, interest, and costs.
Judges
N G Beshe
Legal Topics
Assault by State Employees, Personal Injury, Quantification of Damages, General Damages, Loss of Earnings, Future Medical Expenses
Delict Assault by State Employees Personal Injury Quantification of Damages General Damages Loss of Earnings Future Medical Expenses

Case Brief

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Parties

Vuyisile Dayimane

Plaintiff

Minister of Correctional Services

Defendant

Procedural Posture

Civil Trial / Quantification of Damages After Liability Determined

Legal Issues

  1. 1 What is the appropriate quantum of damages to be awarded to the plaintiff for injuries sustained as a result of assault by prison warders.
  2. 2 How should general damages for pain, suffering, permanent disability, and loss of amenities be calculated in light of comparable case law.
  3. 3 What contingency, if any, should be applied to future medical expenses and loss of earnings.

Ratio Decidendi

The court found that the plaintiff suffered severe and permanent injuries as a result of an assault by prison warders, resulting in permanent wheelchair dependence and total reliance on others for daily living. The quantum for all heads of damages except general damages was agreed between the parties. In determining general damages, the court considered comparable case law and the severity of the plaintiff's injuries, concluding that an award of R400,000.00 was appropriate. The court applied a 15% contingency to future medical expenses, given the uncertainties inherent in such projections, but declined to apply any contingency to future loss of earnings, as the plaintiff's medical...

Court Disposition

Judgment for the plaintiff. Defendant ordered to pay damages, interest, and costs.

Orders

  • Defendant is to pay the plaintiff the sum of R2,467,780.35 as damages arising from the assault on 16 June 2005.
  • Interest on the aforesaid sum at 15.5% per annum from 14 days after this order.