Ruiters and Others v Minister of Safety And Security (751/2014) [2015] ZAECGHC 74 (6 August 2015)

Ruiters and Others v Minister of Safety And Security (751/2014) [2015] ZAECGHC 74 (6 August 2015)

The court found that the police failed in their general duty of care towards the deceased by not ensuring he had access to necessary medical treatment for his asthma while in custody. Despite being aware of his condition, the police did not make proper entries or communicate his medical needs to relevant officers,...

Source-derived case information.

Citation
[2015] ZAECGHC 74
Parties
Plaintiff: Alfa Porschia Ruiters; Plaintiff: Yolanda Alice Esterhuis; Plaintiff: Renel Renatia Kleinhans; Defendant: Minister of Safety and Security
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
6 August 2015
Case Number
751/2014
Procedural Posture
Civil Trial / Merits Only; Quantum Separated by Consent
Outcome
Defendant declared liable to the three plaintiffs for whatever damages they may in due course prove they have suffered as a result of the deceased's death.
Judges
Pickering
Legal Topics
Negligence, Duty of Care in Custody, Causation, Loss of Support
Delict Civil Procedure Negligence Duty of Care in Custody Causation Loss of Support

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Parties

Alfa Porschia Ruiters

Plaintiff

Yolanda Alice Esterhuis

Plaintiff

Renel Renatia Kleinhans

Plaintiff

Minister of Safety and Security

Defendant

Procedural Posture

Civil Trial / Merits Only; Quantum Separated by Consent

Legal Issues

  1. 1 Whether the police were negligent in failing to ensure the deceased received appropriate medical treatment while in custody.
  2. 2 Whether the police's conduct caused the death of the deceased.
  3. 3 Whether the defendant is liable for damages for loss of support suffered by the plaintiffs.

Ratio Decidendi

The court found that the police failed in their general duty of care towards the deceased by not ensuring he had access to necessary medical treatment for his asthma while in custody. Despite being aware of his condition, the police did not make proper entries or communicate his medical needs to relevant officers, resulting in a lack of coordinated care. The refusal to accept an inhaler from the deceased's father and the failure to act on orders to take the deceased to hospital constituted negligence. The court held that, on a balance of probabilities, the police's negligence caused the deceased's death, and the defendant is liable for damages for loss of support suffered by the plaintiffs.

Court Disposition

Defendant declared liable to the three plaintiffs for whatever damages they may in due course prove they have suffered as a result of the deceased's death.

Orders

  • The defendant is declared liable to the three plaintiffs for whatever damages they may in due course prove they have suffered in consequence of the death of the deceased on 13 June 2013.
  • The defendant is ordered to pay the costs of suit.