Minister of Safety and Security v H (374/13) [2014] ZASCA 51; 2015 (1) SACR 1 (SCA) (2 April 2014)

Minister of Safety and Security v H (374/13) [2014] ZASCA 51; 2015 (1) SACR 1 (SCA) (2 April 2014)

The Supreme Court of Appeal held that the respondent failed to establish the elements required for a dependant's action for loss of support. The police's admissions in their plea were limited to liability for Mrs H[...]'s injuries and did not extend to liability for her husband's death by suicide. There was no evidence led to prove that the police knew or ought to have known of Mr H[...]’s suicidal tendencies or that his death was reasonably foreseeable. The full court erred by making speculative assumptions unsupported by evidence. The onus was on the respondent to prove causation and foreseeability, which was not done. Consequently, absolution from the instance was appropriate, and the...

Citation
[2014] ZASCA 51
Parties
Appellant: Minister of Safety and Security; Respondent: N[...] H[...]
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
2 April 2014
Case Number
374/13
Procedural Posture
Civil Appeal / Appeal From Full Court Decision of Eastern Cape High Court
Outcome
Appeal upheld; order of absolution from the instance reinstated.
Judges
Mpati, Lewis, Mhlantla, Saldulker, Legodi
Legal Topics
Loss of Support, Negligence, Causation, Dependants Action, Absolution From Instance
Delict Civil Procedure Loss of Support Negligence Causation Dependants Action Absolution From Instance

Case Brief

Summary, issues, holding and outcome

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Parties

Minister of Safety and Security

Appellant

N[...] H[...]

Respondent

Procedural Posture

Civil Appeal / Appeal From Full Court Decision of Eastern Cape High Court

Legal Issues

  1. 1 Whether the police were legally responsible for the death by suicide of Mrs H[...]'s husband and liable for loss of support to his dependants.
  2. 2 Whether the admissions made by the police in their plea were sufficient to establish liability for loss of support.
  3. 3 Whether the absence of evidence regarding foreseeability and causation justified absolution from the instance.

Ratio Decidendi

The Supreme Court of Appeal held that the respondent failed to establish the elements required for a dependant's action for loss of support. The police's admissions in their plea were limited to liability for Mrs H[...]'s injuries and did not extend to liability for her husband's death by suicide. There was no evidence led to prove that the police knew or ought to have known of Mr H[...]’s suicidal tendencies or that his death was reasonably foreseeable. The full court erred by making speculative assumptions unsupported by evidence. The onus was on the respondent to prove causation and foreseeability, which was not done. Consequently, absolution from the instance was appropriate, and the...

Court Disposition

Appeal upheld; order of absolution from the instance reinstated.

Orders

  • The appeal is upheld with costs including those of two counsel.
  • The order of the full court is set aside and replaced with: 'The appeal is dismissed with costs including those of two counsel.'