De Necker v MEC for the Department of Health, Free State Province (2399/2012)
De Necker v MEC for the Department of Health, Free State Province (2399/2012) [2013] ZAFSHC 178; 2014 (3) SA 49 (FB) (23 October 2013)
The court held that the incident in which the plaintiff was assaulted and raped while on duty was not an 'accident' as contemplated by section 35 of COIDA. Although the incident was unexpected, it was intentional and deliberate, which does not fall within the ordinary or judicial meaning of 'accident' under COIDA. Furthermore, there was no causal connection between the plaintiff's employment and the attack, as the perpetrator was not authorized to be on the premises and the motive for the attack was unrelated to the plaintiff's duties. The risk of such an assault was not a natural incidence o…
Source excerpt
- Compensation For Occupational Injuries
- Definition Of Accident
- Causal Connection
- Intentional Criminal Act
- Statutory Interpretation