Saayman v Visser and Others (1276/01) [2007] ZANCHC 12 (2 January 2007)

Saayman v Visser and Others (1276/01) [2007] ZANCHC 12 (2 January 2007)

The court found that the first defendant employed the second defendant, a registered security company, to provide security services and relied on assurances regarding the competence and training of the guards. The employment of security services is not inherently dangerous, and the first defendant took reasonable steps by engaging a reputable firm and seeking confirmation of the guard's competence. The responsibility for training, instructions, and precautions lay with the second defendant. The plaintiff failed to prove that the first defendant owed a separate legal duty or that a reasonable person in his position would have foreseen and guarded against the specific harm. Therefore, the...

Citation
[2007] ZANCHC 12
Parties
Plaintiff: Jacobus Hendrik Saayman; Defendant: Christiaan Andreas Visser; Defendant: Griekwa Security CC; Defendant: Sylvester M Morebudi
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
2 January 2007
Case Number
1276/01
Procedural Posture
Civil Trial / Merits Separated From Quantum; Trial on Merits Concluded
Outcome
Plaintiff's claim against the first defendant is dismissed with costs. Plaintiff's claim against the second and third defendants succeeds; they are ordered to pay proved damages jointly and severally, with no costs order against them for the trial on the merits.
Judges
L P Tlaletsi
Legal Topics
Vicarious Liability, Independent Contractor Liability, Duty of Care, Trespasser Liability, Onus of Proof
Delict Civil Procedure Vicarious Liability Independent Contractor Liability Duty of Care Trespasser Liability Onus of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Jacobus Hendrik Saayman

Plaintiff

Christiaan Andreas Visser

Defendant

Griekwa Security CC

Defendant

Sylvester M Morebudi

Defendant

Procedural Posture

Civil Trial / Merits Separated From Quantum; Trial on Merits Concluded

Legal Issues

  1. 1 Whether the first defendant, as property owner, is liable for damages caused by the shooting by the third defendant, an employee of the second defendant security company.
  2. 2 Whether the second defendant, as employer of the third defendant, is vicariously liable for the delict committed by the third defendant.
  3. 3 Whether the third defendant is personally liable for the shooting incident causing harm to the plaintiff's son.

Ratio Decidendi

The court found that the first defendant employed the second defendant, a registered security company, to provide security services and relied on assurances regarding the competence and training of the guards. The employment of security services is not inherently dangerous, and the first defendant took reasonable steps by engaging a reputable firm and seeking confirmation of the guard's competence. The responsibility for training, instructions, and precautions lay with the second defendant. The plaintiff failed to prove that the first defendant owed a separate legal duty or that a reasonable person in his position would have foreseen and guarded against the specific harm. Therefore, the...

Court Disposition

Plaintiff's claim against the first defendant is dismissed with costs. Plaintiff's claim against the second and third defendants succeeds; they are ordered to pay proved damages jointly and severally, with no costs order against them for the trial on the merits.

Orders

  • Plaintiff's claim against the first defendant is dismissed with costs.
  • Plaintiff's claim against the second and third defendants succeeds; they are ordered to pay the plaintiff's proved damages jointly and severally, the one paying the other to be absolved.