South Africa Case Law

Umbhaba Estates (Pty) Ltd and Others v Minister of Police and Others (22208/2009)

Umbhaba Estates (Pty) Ltd and Others v Minister of Police and Others (22208/2009) [2021] ZAGPPHC 436 (20 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

22208/2009

Judge

Mtati

The court found that the police were repeatedly notified of imminent and ongoing violence during a strike at the Plaintiffs' farm, including acts of intimidation, assault, and damage to property. Despite clear constitutional and statutory duties, and the existence of court orders mandating police intervention, the police failed to take reasonable and timely steps to prevent harm. Their response was reactionary and insufficient, with evidence showing that police presence calmed the situation but was not sustained. The court held that the police's omission was both wrongful and negligent, viola…

Source excerpt

• Duty Of Care
• Wrongful And Negligent Conduct
• Liability Of Police
• Section 205 Constitution
• Standing Order 262
• Failure To Prevent Crime

Impangle Logistics (Pty) Ltd and Another v All Truck Drivers' Foundation (ATDF) and Others; Mbali Coal Proprietary Limited v Ntuthuko and Others (3647/2019; 3564/2019)

Impangle Logistics (Pty) Ltd and Another v All Truck Drivers' Foundation (ATDF) and Others; Mbali Coal Proprietary Limited v Ntuthuko and Others (3647/2019; 3564/2019) [2019] ZAMPMHC 11; 2020 (1) SACR 536 (ML) (25 October 2019)

Court

Middelburg High Court, Mpumalanga

Case number

3647/2019; 3564/2019

Judge

Legodi

The High Court held that SAPS failed to meet its constitutional duty to act against ongoing criminal conduct and ordered the Provincial Commissioner to consider an inquiry.

• Section 205 Constitution
• Police Duties
• Urgent Interdict
• Failure To Prevent Crime
• Public Order
• Separation Of Powers