Van Heerden v Minister of Safety and Security (20538/05) [2008] ZAGPHC 21 (30 January 2008)

Van Heerden v Minister of Safety and Security (20538/05) [2008] ZAGPHC 21 (30 January 2008)

The court found, on a balance of probabilities, that the plaintiff was driving on the correct side of the road and took appropriate evasive action when confronted with the defendant's vehicle. Inspector Moitsi, the defendant's driver, erred in judgment by swerving to the right instead of left, which was not the conduct of a reasonable driver in the circumstances. The terrain did not justify his choice, and there was sufficient space to avoid the collision by moving left. The defence of sudden emergency was not properly pleaded and, in any event, did not absolve Inspector Moitsi of negligence. There was no evidence of contributory negligence by the plaintiff, and the defendant's...

Citation
[2008] ZAGPHC 21
Parties
Plaintiff: Nicolaas Dannhauser van Heerden; Defendant: Minister of Safety and Security
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
30 January 2008
Case Number
20538/05
Procedural Posture
Civil Trial / Judgment
Outcome
Judgment for the plaintiff; defendant found solely negligent; counterclaim dismissed.
Judges
Murphy
Legal Topics
Negligence, Motor Vehicle Collision, Contributory Negligence, Apportionment of Damages
Delict Civil Procedure Negligence Motor Vehicle Collision Contributory Negligence Apportionment of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Nicolaas Dannhauser van Heerden

Plaintiff

Minister of Safety and Security

Defendant

Procedural Posture

Civil Trial / Judgment

Legal Issues

  1. 1 Was the collision caused by the sole negligence of the defendant's driver, Inspector Moitsi.
  2. 2 Did the plaintiff contribute to the negligence resulting in the collision.
  3. 3 Is the defendant entitled to damages on the counterclaim for alleged negligence by the plaintiff.

Ratio Decidendi

The court found, on a balance of probabilities, that the plaintiff was driving on the correct side of the road and took appropriate evasive action when confronted with the defendant's vehicle. Inspector Moitsi, the defendant's driver, erred in judgment by swerving to the right instead of left, which was not the conduct of a reasonable driver in the circumstances. The terrain did not justify his choice, and there was sufficient space to avoid the collision by moving left. The defence of sudden emergency was not properly pleaded and, in any event, did not absolve Inspector Moitsi of negligence. There was no evidence of contributory negligence by the plaintiff, and the defendant's...

Court Disposition

Judgment for the plaintiff; defendant found solely negligent; counterclaim dismissed.

Orders

  • The defendant is ordered to pay the plaintiff an amount of R139,294.24 as damages together with interest at a rate of 15.5% from the date of demand to the date of final payment.
  • The defendant's counterclaim is dismissed.