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South Africa Case Law

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Delict [2023] ZASCA 85

Minister of Police and Others v Umbhaba Estates (Pty) Ltd and Others (1281/2021)

Minister of Police and Others v Umbhaba Estates (Pty) Ltd and Others (1281/2021) [2023] ZASCA 85; [2023] 9 BLLR 880 (SCA); (2023) 44 ILJ 2462 (SCA) (1 June 2023)

Court
Supreme Court of Appeal
Case number
1281/2021
Judges
Van der Merwe, Molemela, Nicholls, Mothle, Nhlangulela

The Supreme Court of Appeal held that the police failed in their constitutional and statutory duties to prevent violence and damage to property during the strike at Umbhaba Estates. The police were repeatedly notified of the escalating situation and were made aware of court orders requiring intervention, yet their response was inadequate and fell short of what reasonable police officers would have done. The court found that both wrongfulness and negligence were established: the police's omission to act was unacceptable to constitutional and public policy standards, and the harm was reasonably…

Source excerpt

  • Wrongful And Negligent Omission
  • Public Order Policing
  • Strike Related Violence
  • Constitutional Duty Of Police
  • Liability For Omission
  • Enforcement Of Court Orders
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Delict [2022] ZAGPPHC 804

Minister of Police v Mathibela (A165/2021)

Minister of Police v Mathibela (A165/2021) [2022] ZAGPPHC 804 (2 November 2022)

Court
North Gauteng High Court, Pretoria
Case number
A165/2021
Judges
Burger AJ, Mazibuko AJ, Makhoba J

The appeal court found that the trial court erred by deciding the case on grounds not pleaded by the plaintiff, specifically regarding a previous shooting incident and the alleged unlawful issuance of the firearm. The plaintiff's particulars of claim did not allege prior misconduct or unlawful issuance, and the evidence did not support such findings. The court held that Seloana was off duty, attending a private function, and acting in his personal capacity. The use of a state-issued firearm did not establish a sufficiently close connection to the employer's business. The employer's constituti…

Source excerpt

  • Vicarious Liability
  • Close Connection Test
  • Pleading Precision
  • Omission And Commission
  • Firearm Issuance
  • Constitutional Duty Of Police
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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.