Van Staden v Khumalo and Another (89921/15) [2017] ZAGPPHC 764 (24 October 2017)

Van Staden v Khumalo and Another (89921/15) [2017] ZAGPPHC 764 (24 October 2017)

The court found that Stallion Security (Pty) Ltd is vicariously liable for the murder committed by its employee, Khumalo, because his employment created both the opportunity and means for the commission of the delict. Khumalo's access to the building, knowledge of the victim's habits, and possession of security equipment were all direct results of his employment. The contractual duty of Stallion to provide access control for the protection of Bidvest's property and employees further strengthened the connection between Khumalo's employment and the wrongful act. Despite Khumalo being off duty and acting for his own interests, the absolute causal link between his employment and the...

Citation
[2017] ZAGPPHC 764
Parties
Plaintiff: Daleen van Staden; Defendant: Ronald Mkululi Khumalo; Defendant: Stallion Security (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 October 2017
Case Number
89921/15
Procedural Posture
Civil Trial / Liability and Quantum Determined; Judgment Delivered
Outcome
Judgment granted in favour of the Plaintiff against the 2nd Defendant for damages in the agreed amount.
Judges
Brand
Legal Topics
Vicarious Liability, Intentional Wrongdoing, Loss of Support, Employment Relationship, Access Control, Strict Liability
Delict Vicarious Liability Intentional Wrongdoing Loss of Support Employment Relationship Access Control Strict Liability

Case Brief

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Parties

Daleen van Staden

Plaintiff

Ronald Mkululi Khumalo

Defendant

Stallion Security (Pty) Ltd

Defendant

Procedural Posture

Civil Trial / Liability and Quantum Determined; Judgment Delivered

Legal Issues

  1. 1 Whether Stallion Security (Pty) Ltd is vicariously liable for the murder committed by its employee, Khumalo, while off duty and acting in his own interests.
  2. 2 Whether a sufficiently close connection exists between Khumalo's employment and the commission of the murder to justify vicarious liability.
  3. 3 Whether the Plaintiff is entitled to damages for loss of support resulting from the murder.

Ratio Decidendi

The court found that Stallion Security (Pty) Ltd is vicariously liable for the murder committed by its employee, Khumalo, because his employment created both the opportunity and means for the commission of the delict. Khumalo's access to the building, knowledge of the victim's habits, and possession of security equipment were all direct results of his employment. The contractual duty of Stallion to provide access control for the protection of Bidvest's property and employees further strengthened the connection between Khumalo's employment and the wrongful act. Despite Khumalo being off duty and acting for his own interests, the absolute causal link between his employment and the...

Court Disposition

Judgment granted in favour of the Plaintiff against the 2nd Defendant for damages in the agreed amount.

Orders

  • Judgment is granted in favour of the Plaintiff against the 2nd Defendant for the amount of R1 680 000.00.
  • Payment of the capital amount shall be made within 60 days of the date of this order.