Nandi Jacobs v The Minister of Justice and Correctional Services (431/2020) [2021] ZASCA 151; 2022 (2) SACR 569 (SCA) (27 October 2021)

Nandi Jacobs v The Minister of Justice and Correctional Services (431/2020) [2021] ZASCA 151; 2022 (2) SACR 569 (SCA) (27 October 2021)

The Supreme Court of Appeal held that the High Court erred in granting absolution from the instance. The evidence before the High Court, including documentary records and admissions, was sufficient to permit a finding that the Parole Board may have acted wrongfully and negligently in releasing Mr Botha on parole without a psychologist's report and in failing to respond adequately to his parole violations. The absence of expert evidence from the appellant did not negate the existence of material factual disputes and legal complexities regarding the Minister's constitutional and statutory duties. The interests of justice required that these issues be determined after all evidence was heard,...

Citation
[2021] ZASCA 151
Parties
Appellant: Nandi Jacobs; Respondent: The Minister of Justice and Correctional Services
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 October 2021
Case Number
431/2020
Procedural Posture
Civil Appeal / Appeal Against Order of Absolution From the Instance Granted by the Gauteng Division of the High Court, Pretoria
Outcome
Appeal upheld; order of absolution from the instance set aside and substituted with dismissal of the application for absolution.
Judges
Mathopo, Van der Merwe, Molemela, Mothle, Unterhalter
Legal Topics
Ministerial Liability, Parole Board Discretion, Negligence, Constitutional Duty to Protect, Absolution From the Instance, Pain and Suffering
Delict Civil Procedure Constitutional Law Ministerial Liability Parole Board Discretion Negligence Constitutional Duty to Protect Absolution From the Instance +1 more

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Parties

Nandi Jacobs

Appellant

The Minister of Justice and Correctional Services

Respondent

Procedural Posture

Civil Appeal / Appeal Against Order of Absolution From the Instance Granted by the Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether the Minister is delictually liable for the Parole Board's decision to release a prisoner who subsequently attempted to sexually assault the appellant.
  2. 2 Whether the evidence led at trial could sustain the claim for damages against the Minister.
  3. 3 Whether the test for absolution from the instance was correctly applied by the High Court.

Ratio Decidendi

The Supreme Court of Appeal held that the High Court erred in granting absolution from the instance. The evidence before the High Court, including documentary records and admissions, was sufficient to permit a finding that the Parole Board may have acted wrongfully and negligently in releasing Mr Botha on parole without a psychologist's report and in failing to respond adequately to his parole violations. The absence of expert evidence from the appellant did not negate the existence of material factual disputes and legal complexities regarding the Minister's constitutional and statutory duties. The interests of justice required that these issues be determined after all evidence was heard,...

Court Disposition

Appeal upheld; order of absolution from the instance set aside and substituted with dismissal of the application for absolution.

Orders

  • The appeal is upheld, with costs.
  • The order of the High Court is set aside and substituted with: 'The application for absolution from the instance is dismissed with costs.'