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South Africa Case Law

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Delict [2020] ZASCA 50

Minister of Police v K (403/2019)

Minister of Police v K (403/2019) [2020] ZASCA 50; 2020 (2) SACR 1 (SCA); [2020] 3 All SA 38 (SCA) (6 May 2020)

Court
Supreme Court of Appeal
Case number
403/2019
Judges
Maya P, Zondi JA, Dlodlo JA, Koen AJA, Gorven AJA

The Supreme Court of Appeal found that the police mobilised all reasonably available resources to search for Ms K, including a trained search and rescue dog and a helicopter. The steps taken were reasonable and did not fall below the standard expected of a reasonable organ of state. The alleged omissions in the investigation, such as handling of bush dwellers, CCTV footage, and DNA evidence, were either not proven to be negligent or were not causally linked to the harm suffered. The expert evidence established that Ms K's psychological trauma resulted from the prolonged and life-threatening i…

Source excerpt

  • Negligence
  • Wrongfulness
  • Causation
  • Constitutional Duties Of Police
  • Psychological Damages
  • Bill Of Rights Limitation
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Delict [2015] ZAGPPHC 678

Leepile v The Minister of Police (2585/2014)

Leepile v The Minister of Police (2585/2014) [2015] ZAGPPHC 678 (18 September 2015)

Court
North Gauteng High Court, Pretoria
Case number
2585/2014
Judge
Mogotsi

The court found that SAPS senior management had crucial information about threats to the plaintiff's property and undertook to protect her house but failed to communicate this to operational units or take any steps to monitor or protect the property. The omission was wrongful in law, as SAPS had a constitutional and statutory duty to protect the plaintiff and her property, and the plaintiff reasonably relied on their assurances. The defendant conceded that there was no defence to the main and alternative pleas. The court held the Minister of Police vicariously liable for 100% of the plaintiff…

Source excerpt

  • Vicarious Liability
  • Wrongful Omission
  • Duty Of Care
  • Constitutional Duties Of Police
  • Damages
  • Public Accountability
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Delict [2013] ZAGPPHC 418

Ramango and Another v Mashamba and Another (29384/2011, 29542/2011,29534/2011)

Ramango and Another v Mashamba and Another (29384/2011, 29542/2011,29534/2011) [2013] ZAGPPHC 418 (4 December 2013)

Court
North Gauteng High Court, Pretoria
Case number
29384/2011, 29542/2011,29534/2011
Judge
Hiemstra

The court found that the Minister of Police is vicariously liable for the wrongful act of the first defendant, a police officer who murdered his former wife with his service pistol on police premises. The connection between the act and the nature of employment was sufficiently close, given the officer's access to a service firearm and the location of the crime. The State bears the risk when arming police officers, especially those with a history of threats and volatility. The police failed in their constitutional duty to protect the deceased, as repeated warnings and requests for protection w…

Source excerpt

  • Vicarious Liability
  • Wrongful Act By Employee
  • Constitutional Duties Of Police
  • Loss Of Support
  • Shock And Trauma
  • Customary Marriage
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.