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South Africa Case Law

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Delict [2021] ZASCA 151

Nandi Jacobs v The Minister of Justice and Correctional Services (431/2020)

Nandi Jacobs v The Minister of Justice and Correctional Services (431/2020) [2021] ZASCA 151; 2022 (2) SACR 569 (SCA) (27 October 2021)

The Supreme Court of Appeal held that absolution from the instance was wrongly granted in a delict claim over parole decisions and allowed the appeal.

  • Ministerial Liability
  • Parole Board Discretion
  • Negligence
  • Constitutional Duty To Protect
  • Absolution From The Instance
  • Pain And Suffering
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Delict [2019] ZAFSHC 192

Motsitsi v Minister of Police and Others (5099/2018)

Motsitsi v Minister of Police and Others (5099/2018) [2019] ZAFSHC 192 (24 October 2019)

The High Court held that the Minister of Police was not vicariously liable for an off-duty officer who shot the plaintiff during a private domestic dispute.

  • Vicarious Liability
  • Deviation From Course Of Employment
  • Trust In Police
  • Constitutional Duty To Protect
  • Service Firearm Misuse
  • Vicarious-liability
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Delict [2015] ZAFSHC 184

Bergman v Minister Van Veiligheid En Sekuriteit (5037/2012)

Bergman v Minister Van Veiligheid En Sekuriteit (5037/2012) [2015] ZAFSHC 184 (17 September 2015)

The court found that the police received the incident report at 19:57 and arrived on the scene at 20:15, within a reasonable time. The evidence presented by the applicant regarding delayed police response was inconsistent, unreliable, and contradicted by objective cellular and vehicle tracking data. The police did not breach their legal duty to protect the applicant, nor did they act negligently. There was no causal link established between any alleged omission by the police and the damages suffered by the applicant. The applicant failed to discharge the onus of proof required to establish li…

  • Police Negligence
  • Constitutional Duty To Protect
  • Wrongful Omission
  • Causation
  • Rape Victim Damages
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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.