Olivier N.O obo S.S.B and Others v Minister of Police (414/2018) [2023] ZANCHC 43 (8 August 2023)

Olivier N.O obo S.S.B and Others v Minister of Police (414/2018) [2023] ZANCHC 43 (8 August 2023)

The court found that the evidence regarding the deceased's earnings was unreliable and that the most reasonable basis for calculation was the 2016 national minimum wage of R16.00 per hour, resulting in a monthly salary of R2,688 and an annual salary of R32,256. The court applied a 5% contingency deduction for past loss and a 15% deduction for future loss, considering the deceased's employment history and the uncertainties regarding her future earning capacity. The maintenance and support obligation for the minor children was determined to cease at the end of 2021 for S[...] L[...] B[...] (when she finished school and reached majority), at age 21 for S[...] B[...] (expected completion of...

Citation
[2023] ZANCHC 43
Parties
Plaintiff: Adv. D Olivier N.O obo S[...] S[...] B[...], S[...] B[...], S[...] L[...] B[...]; Defendant: Minister of Police
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
8 August 2023
Case Number
414/2018
Procedural Posture
Civil Trial / Quantum Determination After Merits Settled
Outcome
Plaintiff's claim for loss of support succeeds on the quantum as determined; parties to obtain new actuarial calculation based on the court's findings.
Judges
Ramaepadi AJ
Legal Topics
Dependants Action, Loss of Support, Quantum of Damages, Contingency Deduction, Maintenance Obligation
Delict Civil Procedure Dependants Action Loss of Support Quantum of Damages Contingency Deduction Maintenance Obligation

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Parties

Adv. D Olivier N.O obo S[...] S[...] B[...], S[...] B[...], S[...] L[...] B[...]

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Settled

Legal Issues

  1. 1 What was the deceased's salary level at the time of her death for purposes of calculating loss of support?
  2. 2 What contingency deduction should be applied to past and future loss?
  3. 3 Up to what year should maintenance for each minor child be calculated?

Ratio Decidendi

The court found that the evidence regarding the deceased's earnings was unreliable and that the most reasonable basis for calculation was the 2016 national minimum wage of R16.00 per hour, resulting in a monthly salary of R2,688 and an annual salary of R32,256. The court applied a 5% contingency deduction for past loss and a 15% deduction for future loss, considering the deceased's employment history and the uncertainties regarding her future earning capacity. The maintenance and support obligation for the minor children was determined to cease at the end of 2021 for S[...] L[...] B[...] (when she finished school and reached majority), at age 21 for S[...] B[...] (expected completion of...

Court Disposition

Plaintiff's claim for loss of support succeeds on the quantum as determined; parties to obtain new actuarial calculation based on the court's findings.

Orders

  • The deceased's salary for calculation purposes is determined at R2,688 per month (R32,256 per annum) as at the date of death.
  • A 5% contingency deduction is to be applied to past loss and a 15% deduction to future loss.