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…
Source excerpt
- Police Negligence
- Constitutional Duty To Protect
- Wrongful Omission
- Causation
- Rape Victim Damages