Ramango and Another v Mashamba and Another (29384/2011, 29542/2011,29534/2011) [2013] ZAGPPHC 418 (4 December 2013)

Ramango and Another v Mashamba and Another (29384/2011, 29542/2011,29534/2011) [2013] ZAGPPHC 418 (4 December 2013)

The court found that the Minister of Police is vicariously liable for the wrongful act of the first defendant, a police officer who murdered his former wife with his service pistol on police premises. The connection between the act and the nature of employment was sufficiently close, given the officer's access to a service firearm and the location of the crime. The State bears the risk when arming police officers, especially those with a history of threats and volatility. The police failed in their constitutional duty to protect the deceased, as repeated warnings and requests for protection were not adequately addressed. The Minister is also vicariously liable for the omissions of other...

Citation
[2013] ZAGPPHC 418
Parties
Plaintiff: Nndanduleni Patricia Ramango; Plaintiff: Masilo Makgakga; Defendant: Takalani Freddy Mashamba; Defendant: Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 December 2013
Case Number
29384/2011, 29542/2011,29534/2011
Procedural Posture
Civil Liability / Liability and Quantum Separated; Liability Determined
Outcome
The first and second defendants are held liable for damages suffered by the first plaintiff and the two minor children. The second plaintiff's claim is dismissed with costs.
Judges
Hiemstra
Legal Topics
Vicarious Liability, Wrongful Act by Employee, Constitutional Duties of Police, Loss of Support, Shock and Trauma, Customary Marriage
Delict Civil Procedure Constitutional Law Vicarious Liability Wrongful Act by Employee Constitutional Duties of Police Loss of Support Shock and Trauma +1 more

Case Brief

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Parties

Nndanduleni Patricia Ramango

Plaintiff

Masilo Makgakga

Plaintiff

Takalani Freddy Mashamba

Defendant

Minister of Police

Defendant

Procedural Posture

Civil Liability / Liability and Quantum Separated; Liability Determined

Legal Issues

  1. 1 Whether the Minister of Police is vicariously liable for the wrongful act of a police officer who fatally shot his former wife with his service pistol.
  2. 2 Whether the Minister of Police is vicariously liable for the omissions of other police officers in failing to protect the deceased.
  3. 3 Whether the second plaintiff qualifies as a dependant entitled to compensation for loss of support.

Ratio Decidendi

The court found that the Minister of Police is vicariously liable for the wrongful act of the first defendant, a police officer who murdered his former wife with his service pistol on police premises. The connection between the act and the nature of employment was sufficiently close, given the officer's access to a service firearm and the location of the crime. The State bears the risk when arming police officers, especially those with a history of threats and volatility. The police failed in their constitutional duty to protect the deceased, as repeated warnings and requests for protection were not adequately addressed. The Minister is also vicariously liable for the omissions of other...

Court Disposition

The first and second defendants are held liable for damages suffered by the first plaintiff and the two minor children. The second plaintiff's claim is dismissed with costs.

Orders

  • The first and second defendants are liable for whatever damages the first plaintiff may prove that she and the two minor children, O… J…. M…. and P… J…. M….., have suffered.
  • The question of the quantum of damages is postponed sine die.