Sandleni and Others v Minister of Police (76353/2015) [2018] ZAGPPHC 840 (13 September 2018)

Sandleni and Others v Minister of Police (76353/2015) [2018] ZAGPPHC 840 (13 September 2018)

The court found that the plaintiff failed to prove that the deceased earned R8,600.00 per month or received overtime payments. The evidence presented by the deceased's employer was inconsistent and unreliable, particularly regarding overtime and salary figures. The certificate of service, signed by the employer, indicated a salary of R6,000.00 per month at the date of death and did not record any overtime income. The court accepted the defendant's version, supported by the assessor's testimony, that the deceased's earnings were R6,000.00 per month with no overtime. Accordingly, damages were calculated on this basis, and the plaintiff was awarded compensation for loss of support and...

Citation
[2018] ZAGPPHC 840
Parties
Plaintiff: Deliwe Sandleni & Others; Defendant: Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 September 2018
Case Number
76353/2015
Procedural Posture
Civil Trial / Damages Quantification
Outcome
Plaintiff's claim for damages succeeded on the basis of a monthly income of R6,000.00 without overtime.
Judges
D S Fourie
Legal Topics
Wrongful Death, Quantification of Damages, Loss of Support
Delict Wrongful Death Quantification of Damages Loss of Support

Case Brief

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Parties

Deliwe Sandleni & Others

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Damages Quantification

Legal Issues

  1. 1 What was the deceased's actual monthly income at the time of death for purposes of calculating damages?
  2. 2 Was the deceased entitled to additional compensation for overtime work?

Ratio Decidendi

The court found that the plaintiff failed to prove that the deceased earned R8,600.00 per month or received overtime payments. The evidence presented by the deceased's employer was inconsistent and unreliable, particularly regarding overtime and salary figures. The certificate of service, signed by the employer, indicated a salary of R6,000.00 per month at the date of death and did not record any overtime income. The court accepted the defendant's version, supported by the assessor's testimony, that the deceased's earnings were R6,000.00 per month with no overtime. Accordingly, damages were calculated on this basis, and the plaintiff was awarded compensation for loss of support and...

Court Disposition

Plaintiff's claim for damages succeeded on the basis of a monthly income of R6,000.00 without overtime.

Orders

  • The defendant shall pay the plaintiff the amount of R733,889.30.
  • The defendant shall pay the costs of suit.