Dlanjwa v The Minister of Safety and Security (20217/2014) [2015] ZASCA 147 (1 October 2015)

Dlanjwa v The Minister of Safety and Security (20217/2014) [2015] ZASCA 147 (1 October 2015)

The Supreme Court of Appeal found that the appellant had, on a balance of probabilities, reported the deceased's violent conduct and threats involving a service firearm to the police. The police failed to take statements, investigate, or dispossess the deceased of the firearm, in breach of their statutory and constitutional duties. The evidence of the police was unreliable, and the appellant's essential account was consistent and credible despite minor inconsistencies. The police's omission was negligent and wrongful, and causally connected to the harm suffered by the appellant. The requirements for delictual liability were met, and the appeal succeeded.

Citation
[2015] ZASCA 147
Parties
Appellant: Sanela Dlanjwa; Respondent: The Minister of Safety and Security
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 October 2015
Case Number
20217/2014
Procedural Posture
Civil Appeal / Appeal From Eastern Cape Local Division, Mthatha; Special Leave Granted
Outcome
Appeal upheld; order of the Full Court set aside and replaced.
Judges
M Maya, Bosielo, Leach, Tshiqi, Mbha
Legal Topics
Wrongful Omission, Domestic Violence, Negligence, Loss of Support, Duty of Care
Delict Civil Procedure Wrongful Omission Domestic Violence Negligence Loss of Support Duty of Care

Case Brief

Summary, issues, holding and outcome

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Parties

Sanela Dlanjwa

Appellant

The Minister of Safety and Security

Respondent

Procedural Posture

Civil Appeal / Appeal From Eastern Cape Local Division, Mthatha; Special Leave Granted

Legal Issues

  1. 1 Did the police owe the appellant a legal duty to act upon her reports of domestic violence and threats involving a firearm?
  2. 2 Did the police breach their duty by failing to dispossess the deceased of his service firearm and take protective measures?
  3. 3 Was there a causal connection between the police's omission and the harm suffered by the appellant?

Ratio Decidendi

The Supreme Court of Appeal found that the appellant had, on a balance of probabilities, reported the deceased's violent conduct and threats involving a service firearm to the police. The police failed to take statements, investigate, or dispossess the deceased of the firearm, in breach of their statutory and constitutional duties. The evidence of the police was unreliable, and the appellant's essential account was consistent and credible despite minor inconsistencies. The police's omission was negligent and wrongful, and causally connected to the harm suffered by the appellant. The requirements for delictual liability were met, and the appeal succeeded.

Court Disposition

Appeal upheld; order of the Full Court set aside and replaced.

Orders

  • The appeal is upheld with costs.
  • The decision of the Full Court is set aside and replaced with the following order: 'The appeal is dismissed with costs.'