Muthivelo and Others v Minister of Police and Another (2757/2014) [2020] ZAGPPHC 374 (2 July 2020)

Muthivelo and Others v Minister of Police and Another (2757/2014) [2020] ZAGPPHC 374 (2 July 2020)

The court found that the merits, including the deceased's duty to support his mother and minor child, had already been determined in a previous judgment. The evidence established that the deceased provided financial support through part-time work, and the actuarial report was based on credible assumptions. The defendants failed to produce a competing actuarial report or sufficient evidence to challenge the quantum. The court rejected the affidavit from the deceased's brother as inadmissible and found no basis to deviate from normal contingencies due to the Covid-19 crisis. The quantum was determined according to the actuarial calculations, applying standard contingencies of 5% for past...

Citation
[2020] ZAGPPHC 374
Parties
Plaintiff: Fuelufhelo Muthivelo; Plaintiff: Mokhosane Emma Sikhwama; Plaintiff: Fuelufhelo Muthivelo o.b.o Rinae Florence Muthivelo; Defendant: Minister of Police; Defendant: Thabang Tshisele
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 July 2020
Case Number
2757/2014
Procedural Posture
Civil Trial / Quantum Determination After Separation of Merits and Quantum
Outcome
Plaintiffs' claims for loss of support are upheld and quantum is determined in accordance with the actuarial report, subject to normal contingencies.
Judges
Bhoola
Legal Topics
Loss of Support, Quantum of Damages, Wrongful Killing, Contingencies, Actuarial Evidence
Delict Loss of Support Quantum of Damages Wrongful Killing Contingencies Actuarial Evidence

Case Brief

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Parties

Fuelufhelo Muthivelo

Plaintiff

Mokhosane Emma Sikhwama

Plaintiff

Fuelufhelo Muthivelo o.b.o Rinae Florence Muthivelo

Plaintiff

Minister of Police

Defendant

Thabang Tshisele

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Separation of Merits and Quantum

Legal Issues

  1. 1 What is the appropriate quantum of damages for loss of support to the second and third plaintiffs arising from the deceased's death.
  2. 2 Should the actuarial assumptions and normal contingencies be adjusted in light of the Covid-19 crisis.
  3. 3 Is there sufficient evidence to support the claims for loss of support by the second and third plaintiffs.

Ratio Decidendi

The court found that the merits, including the deceased's duty to support his mother and minor child, had already been determined in a previous judgment. The evidence established that the deceased provided financial support through part-time work, and the actuarial report was based on credible assumptions. The defendants failed to produce a competing actuarial report or sufficient evidence to challenge the quantum. The court rejected the affidavit from the deceased's brother as inadmissible and found no basis to deviate from normal contingencies due to the Covid-19 crisis. The quantum was determined according to the actuarial calculations, applying standard contingencies of 5% for past...

Court Disposition

Plaintiffs' claims for loss of support are upheld and quantum is determined in accordance with the actuarial report, subject to normal contingencies.

Orders

  • The draft order marked X is made an order of court.
  • Defendants are ordered to pay the second plaintiff R123,500 for past loss and R156,570 for future loss.