Gumede v Minister of Home Affairs (2024/026615)
Gumede v Minister of Home Affairs (2024/026615) [2025] ZAGPJHC 173 (23 February 2025)
The court held that the particulars of claim disclose a cause of action in delict. Although the conduct complained of may constitute administrative action, the plaintiff is not seeking a review under PAJA but rather damages for negligent conduct. The principle of subsidiarity does not preclude a delictual claim in these circumstances. The plaintiff pleaded the essential elements of a delictual claim: wrongful act or omission, fault, causation, and damages. The pleadings are sufficiently particular to enable the defendant to respond, and evidence could be led to prove the claim. Therefore, the…
Source excerpt
- Exception To Particulars Of Claim
- Negligence
- Vicarious Liability
- Bill Of Rights Infringement
- Subsidiarity Principle
- Identity Document Dispute