Nengwekhulu and Others v Minister of Police (428/2016) [2019] ZALMPTHC 2 (19 September 2019)

Nengwekhulu and Others v Minister of Police (428/2016) [2019] ZALMPTHC 2 (19 September 2019)

The court found that the plaintiff failed to prove, on a balance of probabilities, that he requested police protection for his business, Talifhani, during the Vuwani unrests. The evidence presented by the defendant's witnesses was found to be more credible and probable, as they consistently testified that only requests for protection of the plaintiff's house were made and that they were unaware of the plaintiff's ownership or interest in Talifhani until after it was damaged. The plaintiff's testimony was inconsistent and uncorroborated, and no extrinsic evidence was led to support his version. The court held that the plaintiff had locus standi to claim damages as a lawful possessor under...

Citation
[2019] ZALMPTHC 2
Parties
Plaintiff: Khwara Nengwekhulu; Defendant: Minister of Police
Court
Limpopo High Court, Thohoyandou
Jurisdiction
South Africa
Judgment Date
19 September 2019
Case Number
428/2016
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim dismissed; no order as to costs.
Judges
AML Phatudi
Legal Topics
Vicarious Liability, Omission Liability, Locus Standi, Negligence, Aquilian Action
Delict Civil Procedure Vicarious Liability Omission Liability Locus Standi Negligence Aquilian Action

Case Brief

Summary, issues, holding and outcome

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Parties

Khwara Nengwekhulu

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff requested police protection for his business, Talifhani, during the Vuwani unrests.
  2. 2 Whether the Minister of Police is vicariously liable for damages caused by the alleged omission to protect the plaintiff's business.
  3. 3 Whether the plaintiff has locus standi to claim damages for the loss suffered.

Ratio Decidendi

The court found that the plaintiff failed to prove, on a balance of probabilities, that he requested police protection for his business, Talifhani, during the Vuwani unrests. The evidence presented by the defendant's witnesses was found to be more credible and probable, as they consistently testified that only requests for protection of the plaintiff's house were made and that they were unaware of the plaintiff's ownership or interest in Talifhani until after it was damaged. The plaintiff's testimony was inconsistent and uncorroborated, and no extrinsic evidence was led to support his version. The court held that the plaintiff had locus standi to claim damages as a lawful possessor under...

Court Disposition

Plaintiff's claim dismissed; no order as to costs.

Orders

  • The defendant's point in limine on locus standi is dismissed.
  • The plaintiff's claim is dismissed.