De Necker v MEC for the Department of Health, Free State Province (2399/2012) [2013] ZAFSHC 178; 2014 (3) SA 49 (FB) (23 October 2013)

De Necker v MEC for the Department of Health, Free State Province (2399/2012) [2013] ZAFSHC 178; 2014 (3) SA 49 (FB) (23 October 2013)

The court held that the incident in which the plaintiff was assaulted and raped while on duty was not an 'accident' as contemplated by section 35 of COIDA. Although the incident was unexpected, it was intentional and deliberate, which does not fall within the ordinary or judicial meaning of 'accident' under COIDA. Furthermore, there was no causal connection between the plaintiff's employment and the attack, as the perpetrator was not authorized to be on the premises and the motive for the attack was unrelated to the plaintiff's duties. The risk of such an assault was not a natural incidence of the plaintiff's job. The court rejected the defendant's reliance on contrary judgments, finding...

Citation
[2013] ZAFSHC 178
Parties
Plaintiff: Dr Elizabeth Johanna De Necker; Defendant: MEC for the Department of Health, Free State Province; Respondent: D J Mosoeu N.O.; Respondent: M E Betula N.O.; Respondent: N W Sebatlelo N.O.; Respondent: N J Mosoeu N.O.
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
23 October 2013
Case Number
2399/2012
Procedural Posture
Civil Trial / Special Plea Determination
Outcome
The defendant's first special plea is dismissed with costs.
Judges
B.C. Mocumie
Legal Topics
Compensation for Occupational Injuries, Definition of Accident, Causal Connection, Intentional Criminal Act, Statutory Interpretation
Civil Procedure Delict Compensation for Occupational Injuries Definition of Accident Causal Connection Intentional Criminal Act Statutory Interpretation

Case Brief

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Parties

Dr Elizabeth Johanna De Necker

Plaintiff

MEC for the Department of Health, Free State Province

Defendant

D J Mosoeu N.O.

Respondent

M E Betula N.O.

Respondent

N W Sebatlelo N.O.

Respondent

N J Mosoeu N.O.

Respondent

Procedural Posture

Civil Trial / Special Plea Determination

Legal Issues

  1. 1 Whether the incident was an 'accident' as contemplated in section 35 of COIDA.
  2. 2 Whether the incident arose out of and in the course of the plaintiff's employment.

Ratio Decidendi

The court held that the incident in which the plaintiff was assaulted and raped while on duty was not an 'accident' as contemplated by section 35 of COIDA. Although the incident was unexpected, it was intentional and deliberate, which does not fall within the ordinary or judicial meaning of 'accident' under COIDA. Furthermore, there was no causal connection between the plaintiff's employment and the attack, as the perpetrator was not authorized to be on the premises and the motive for the attack was unrelated to the plaintiff's duties. The risk of such an assault was not a natural incidence of the plaintiff's job. The court rejected the defendant's reliance on contrary judgments, finding...

Court Disposition

The defendant's first special plea is dismissed with costs.

Orders

  • The defendant's first special plea is dismissed with costs.