Itumeleng v Fidelity Security Group (Pty) Ltd and Others (2924/2018) [2021] ZANCHC 46 (10 September 2021)

Itumeleng v Fidelity Security Group (Pty) Ltd and Others (2924/2018) [2021] ZANCHC 46 (10 September 2021)

The court found that the compensation order made by the Regional Court following the plea agreement constituted an award as envisaged by section 300 of the Criminal Procedure Act, which has the effect of a civil judgment. The plaintiff did not renounce the award within the statutory 60-day period and is therefore precluded from instituting further civil proceedings against the third defendant for the same injury. The settlement with the third defendant absolves the first and second defendants, as the claim was against all defendants jointly and severally. The application for separation of issues was granted as it was expedient and dispositive of the entire claim. The plaintiff's claim was...

Citation
[2021] ZANCHC 46
Parties
Plaintiff: Itumeleng Godfrey Melato; Defendant: Fidelity Security Group (Pty) Ltd; Defendant: Fidelity Security Services (Pty) Ltd; Defendant: Shadrack Vinger
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
10 September 2021
Case Number
2924/2018
Procedural Posture
Civil Trial / Application for Separation of Issues Under Rule 33(4); Determination of Preliminary Legal Questions Before Merits and Quantum.
Outcome
Plaintiff's claim dismissed with costs.
Judges
Mamosebo
Legal Topics
Vicarious Liability, Compensation for Occupational Injuries, Separation of Issues, Civil Settlement, Effect of Criminal Compensation Award
Civil Procedure Delict Vicarious Liability Compensation for Occupational Injuries Separation of Issues Civil Settlement Effect of Criminal Compensation Award

Case Brief

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Parties

Itumeleng Godfrey Melato

Plaintiff

Fidelity Security Group (Pty) Ltd

Defendant

Fidelity Security Services (Pty) Ltd

Defendant

Shadrack Vinger

Defendant

Procedural Posture

Civil Trial / Application for Separation of Issues Under Rule 33(4); Determination of Preliminary Legal Questions Before Merits and Quantum.

Legal Issues

  1. 1 Whether the plaintiff's claim for damages against the defendants arising from bodily injuries sustained on 31 December 2016 was settled, extinguished or compromised on or before 27 February 2018.
  2. 2 If not settled, whether the plaintiff's claim or any residue thereof should be reduced in terms of section 36 of the Compensation for Occupational Injuries and Diseases Act, 130 of 1993 (COIDA).

Ratio Decidendi

The court found that the compensation order made by the Regional Court following the plea agreement constituted an award as envisaged by section 300 of the Criminal Procedure Act, which has the effect of a civil judgment. The plaintiff did not renounce the award within the statutory 60-day period and is therefore precluded from instituting further civil proceedings against the third defendant for the same injury. The settlement with the third defendant absolves the first and second defendants, as the claim was against all defendants jointly and severally. The application for separation of issues was granted as it was expedient and dispositive of the entire claim. The plaintiff's claim was...

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The application for separation of issues in terms of Rule 33(4) is granted.
  • The plaintiff's claim is dismissed with costs.