Maart v Minister of Police (3049/2011) [2013] ZAECPEHC 19 (9 April 2013)

Maart v Minister of Police (3049/2011) [2013] ZAECPEHC 19 (9 April 2013)

The court found that the plaintiff suffered severe and chronic psychological trauma after witnessing the unlawful killing of her son by police officers, for which the defendant conceded liability. Expert evidence established that the plaintiff is unlikely to recover sufficiently to re-enter the labour market, justifying compensation for future loss of earnings. The court applied a 10% contingency to past loss of earnings and a 20% contingency to future loss, reflecting the impact of retrenchment and poor prognosis. General damages were assessed at R200,000, considering the profound and ongoing psychological effects and loss of amenities of life. Interest on damages was ordered from the...

Citation
[2013] ZAECPEHC 19
Parties
Plaintiff: Jacoline Maart; Defendant: Minister of Police
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
9 April 2013
Case Number
3049/2011
Procedural Posture
Civil Trial / Quantum of Damages After Merits Conceded
Outcome
Plaintiff's claim for damages is upheld; quantum determined and orders granted as specified.
Judges
Goosen
Legal Topics
Emotional Shock, Unlawful Killing by Police, Quantum of Damages, Loss of Earnings, General Damages, Interest on Damages
Delict Emotional Shock Unlawful Killing by Police Quantum of Damages Loss of Earnings General Damages Interest on Damages

Case Brief

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Parties

Jacoline Maart

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Quantum of Damages After Merits Conceded

Legal Issues

  1. 1 What is the appropriate quantum of damages for emotional shock and trauma suffered by the plaintiff as a result of the unlawful killing of her minor son by police officers.
  2. 2 How should past and future loss of income be calculated given the plaintiff's psychiatric condition and employment history.
  3. 3 What is the appropriate award for general damages in light of the plaintiff's severe psychological trauma and loss of amenities of life.

Ratio Decidendi

The court found that the plaintiff suffered severe and chronic psychological trauma after witnessing the unlawful killing of her son by police officers, for which the defendant conceded liability. Expert evidence established that the plaintiff is unlikely to recover sufficiently to re-enter the labour market, justifying compensation for future loss of earnings. The court applied a 10% contingency to past loss of earnings and a 20% contingency to future loss, reflecting the impact of retrenchment and poor prognosis. General damages were assessed at R200,000, considering the profound and ongoing psychological effects and loss of amenities of life. Interest on damages was ordered from the...

Court Disposition

Plaintiff's claim for damages is upheld; quantum determined and orders granted as specified.

Orders

  • The defendant is ordered to pay the plaintiff the sum of R1,253,875.90.
  • The defendant must pay interest on the aforesaid amount at the legal rate from 29 September 2011 (date of service of summons) to date of payment.