P.S.K v Minister of Police and Another - Appeal (3046/2013; A51/2022) [2023] ZAFSHC 273 (20 July 2023)
Court
Free State High Court, Bloemfontein
Case number
3046/2013; A51/2022
Judges
M Opperman, CJ Musi, S Chesiwe
High Court appeal about damages for police assault and unlawful arrest. The court set aside the quantum order, finding the PTSD and income evidence needed reconsideration.
Marshall v Pillay (3761/17) [2023] ZAWCHC 84 (28 April 2023)
Court
Western Cape High Court, Cape Town
Case number
3761/17
Judge
Kusevitsky
A dog-bite claim under actio de pauperie succeeded. The court awarded general damages, unpaid medical expenses, and limited future physiotherapy costs.
Ramanand v Department of Labour: Compensation Commissioner (AR 191/2022) [2023] ZAKZPHC 41; [2023] 7 BLLR 702 (KZP); (2023) 44 ILJ 1816 (KZP) (14 April 2023)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR 191/2022
Judges
Mossop, Smart
The court found that the tribunal erred in law by relying on Circular Instruction 172, which is not binding and conflicts with the Compensation for Occupational Injuries and Diseases Act. The appellant's disablement was caused by a single traumatic event in the course of employment, and uncontroverted expert evidence established permanent total disablement due to PTSD. The Act and Schedule 2 require a generous interpretation to promote social security, and the sixth classification covers any injury resulting in permanent total disablement, regardless of its nature. The tribunal failed to prov…
CS and Another v Swanepoel and Others (19027/13) [2022] ZAWCHC 37; [2022] 2 All SA 810 (WCC); [2022] 7 BLLR 660 (WCC) (17 March 2022)
Court
Western Cape High Court, Cape Town
Case number
19027/13
Judge
M Sher
The plaintiff proved on a balance of probabilities that the first defendant sexually assaulted her at school. Her evidence was clear, consistent, and corroborated by independent witnesses. The Department, as employer, owed a legal duty to vet the first defendant for prior convictions and failed to do so, despite the known risk of sexual exploitation of children by educators. This omission was negligent and directly enabled the assault. The Department is vicariously liable for the first defendant's wrongful act, as it occurred during school hours and was sufficiently linked to his employment.…
P.E v Ikwezi Municipality and Another (828/2011) [2016] ZAECGHC 20; [2016] 2 All SA 869 (ECG); [2016] 7 BLLR 723 (ECG); (2016) 37 (ILJ) 1799 (ECG); 2016 (5) SA 114 (ECG) (31 March 2016)
Court
Eastern Cape High Court, Grahamstown
Case number
828/2011
Judge
J.D. Pickering
The court found that the second defendant, as Corporate Services Manager and immediate superior to the plaintiff, abused his position of authority to commit a sexual assault in the workplace. The employer placed him in a position of trust and control over the plaintiff's working conditions, which facilitated the opportunity for the assault. The court held that the common law must be developed, in line with constitutional values of dignity and equality, to impose vicarious liability on employers for sexual harassment perpetrated by superior employees. The employer also breached its direct duty…
A.M v Minister of Safety and Security (963/2012) [2014] ZAECGHC 68; 2015 (2) SACR 28 (ECG) (18 August 2014)
Court
Eastern Cape High Court, Grahamstown
Case number
963/2012
Judge
Pickering
The court found the plaintiff to be a credible witness and rejected the defendant's evidence as improbable, inconsistent, and exaggerated. The arresting officer failed to establish that the plaintiff was drunk and disorderly in the legal sense, and the arrest and detention were therefore unlawful. The court accepted the plaintiff's account of sexual assault, supported by medical evidence of recent anal injuries and psychological evidence of PTSD. The only police officer fitting the description and with access to the cell was Sergeant Franks. The defendant's version was found to be false and m…
F v Minister of Safety And Security and Another (4194/2006) [2014] ZAGPPHC 205 (11 April 2014)
Court
North Gauteng High Court, Pretoria
Case number
4194/2006
Judge
Meer
High Court quantum judgment awarding damages after a rape by an off-duty policeman, with compensation for general damages, future treatment, and loss of earnings.
Philander v Minister of Safety and Security (473/2011) [2013] ZANWHC 51 (6 June 2013)
Court
North West High Court, Mafikeng
Case number
473/2011
Judge
N Gutta
The court found that the plaintiff was assaulted and raped by police officers, whose core function is to protect the public. The injuries sustained were physical, mental, and psychological, including post-traumatic stress disorder and contumelia. The court considered the severity of the violation of constitutional rights, the psychological impact, and comparable case law. The plaintiff did not suffer serious physical injuries requiring hospitalization, but the emotional and dignitary harm was significant. The court exercised its discretion to award R60,000 for claim 1 (assault) and R180,000 f…