N.W and Others v Minister of Police (3444/2015) [2025] ZAECQBHC 20 (19 June 2025)

Parties

Procedural Posture

Delictual Claim / Quantum Only

Legal Issues

1. 1 Whether the plaintiffs have established damages for loss of support, general damages, and future medical expenses arising from the unlawful shooting and hostage incident.
2. 2 Whether expert evidence without primary testimony from the first and second plaintiffs is admissible and sufficient to prove their claims.
3. 3 How damages should be apportioned given the circumstances of the deaths and the family dynamics.

Ratio Decidendi

The court found that the first and second plaintiffs failed to provide primary evidence to support the expert opinions regarding their psychological injuries and the impact of the incident, rendering such evidence hearsay and inadmissible for quantification of damages. Consequently, only the defendant's tender for the second plaintiff was accepted. For the third, fourth, and fifth plaintiffs, the court accepted uncontested actuarial and expert evidence regarding loss of support, general damages, and future medical expenses, applying appropriate contingency deductions. The court held that the mother was the primary provider for the children, and the damages awarded reflected the best...

Court Disposition

The claim of the first plaintiff is dismissed with no order as to costs. The second plaintiff is awarded damages as tendered. The third, fourth, and fifth plaintiffs are awarded damages for loss of support, general damages, and future medical expenses, with costs and interest as specified.

Orders

• The claim for the first plaintiff is dismissed with no order as to costs.
• The defendant is directed to pay the second plaintiff R220,000 as compensation for all damages suffered as a result of the incident of 30 September to 1 October 2013.