Stallion Security (Pty) Limited v Van Staden (526/2018) [2019] ZASCA 127; (2019) 40 ILJ 2695 (SCA); 2020 (1) SA 64 (SCA) (27 September 2019)

Stallion Security (Pty) Limited v Van Staden (526/2018) [2019] ZASCA 127; (2019) 40 ILJ 2695 (SCA); 2020 (1) SA 64 (SCA) (27 September 2019)

The Supreme Court of Appeal held that Stallion Security (Pty) Limited is vicariously liable for the loss of support suffered by Ms Van Staden. Although Mr Khumalo committed the murder for his own purposes, Stallion Security created a material risk by granting him special access and responsibilities, including the override key and intimate knowledge of the premises. These powers enabled Mr Khumalo to commit the robbery and murder. Stallion undertook a contractual duty to protect Bidvest staff, including the deceased, and placed Mr Khumalo in charge of this responsibility. The court found a sufficiently close link between the business of Stallion and the harm suffered, justifying vicarious...

Citation
[2019] ZASCA 127
Parties
Appellant: Stallion Security (Pty) Limited; Respondent: Daleen van Staden
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 September 2019
Case Number
526/2018
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria
Outcome
Appeal dismissed with costs.
Judges
Leach, Mbha, Dambuza, Van der Merwe, Hughes
Legal Topics
Vicarious Liability, Loss of Support, Creation of Risk, Scope of Employment, Intentional Wrongdoing
Delict Labour Law Vicarious Liability Loss of Support Creation of Risk Scope of Employment Intentional Wrongdoing

Case Brief

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Parties

Stallion Security (Pty) Limited

Appellant

Daleen van Staden

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether Stallion Security (Pty) Limited is vicariously liable for the loss of support suffered by Ms Van Staden due to the murder of her husband by its employee.
  2. 2 Whether the murder committed by Mr Khumalo was sufficiently closely linked to the business of Stallion Security to justify vicarious liability.
  3. 3 Whether the creation of risk by the employer is a relevant consideration in determining vicarious liability.

Ratio Decidendi

The Supreme Court of Appeal held that Stallion Security (Pty) Limited is vicariously liable for the loss of support suffered by Ms Van Staden. Although Mr Khumalo committed the murder for his own purposes, Stallion Security created a material risk by granting him special access and responsibilities, including the override key and intimate knowledge of the premises. These powers enabled Mr Khumalo to commit the robbery and murder. Stallion undertook a contractual duty to protect Bidvest staff, including the deceased, and placed Mr Khumalo in charge of this responsibility. The court found a sufficiently close link between the business of Stallion and the harm suffered, justifying vicarious...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.