F v Minister of Safety And Security and Another (4194/2006) [2014] ZAGPPHC 205 (11 April 2014)

F v Minister of Safety And Security and Another (4194/2006) [2014] ZAGPPHC 205 (11 April 2014)

The court found that the plaintiff suffered severe physical and psychological trauma as a result of being raped by an off-duty policeman at age 13. Expert evidence established that the plaintiff developed chronic post-traumatic stress disorder and major depressive disorder, which have not been adequately treated....

Source-derived case information.

Citation
[2014] ZAGPPHC 205
Parties
Plaintiff: F; Defendant: Minister of Safety and Security; Defendant: Allister Claude van Wyk
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 April 2014
Case Number
4194/2006
Procedural Posture
Civil Trial / Quantum of Damages After Liability Established
Outcome
The plaintiff's claim for damages is upheld. The first defendant is ordered to pay general damages, future medical expenses, loss of earning capacity, and costs as specified.
Judges
Meer
Legal Topics
Vicarious Liability, Quantum of Damages, Post Traumatic Stress Disorder, Loss of Earning Capacity, General Damages, Contumelia
Delict Civil Procedure Family and Children Vicarious Liability Quantum of Damages Post Traumatic Stress Disorder Loss of Earning Capacity General Damages +1 more

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Summary, issues, holding and outcome

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Parties

F

Plaintiff

Minister of Safety and Security

Defendant

Allister Claude van Wyk

Defendant

Procedural Posture

Civil Trial / Quantum of Damages After Liability Established

Legal Issues

  1. 1 What is the appropriate quantum of damages for the plaintiff's rape and its sequelae.
  2. 2 What is the proper calculation for loss of earning capacity given the plaintiff's circumstances.
  3. 3 What is the reasonable award for general damages and contumelia.

Ratio Decidendi

The court found that the plaintiff suffered severe physical and psychological trauma as a result of being raped by an off-duty policeman at age 13. Expert evidence established that the plaintiff developed chronic post-traumatic stress disorder and major depressive disorder, which have not been adequately treated. The court accepted that, but for the rape, the plaintiff would have had a 50% chance of following the educational and career trajectory of her most successful sibling, Catherine, and applied a 50% contingency deduction to the actuarial calculation of loss of earning capacity. The court awarded general damages for pain and suffering and contumelia, taking into account the...

Court Disposition

The plaintiff's claim for damages is upheld. The first defendant is ordered to pay general damages, future medical expenses, loss of earning capacity, and costs as specified.

Orders

  • The first defendant shall pay the plaintiff R250,000 in respect of general damages.
  • The first defendant shall pay the plaintiff's future medical expenses for 4½ weeks inpatient psychiatric treatment, initial 28 psychotherapy sessions, further sessions as determined by psychiatric report, and reasonable costs of necessary on-going medication for life, all as per actuarial calculation and subject to...