Van Eeden v Minister of Safety and Security (176/01)
Van Eeden v Minister of Safety and Security (176/01) [2002] ZASCA 132; [2002] 4 All SA 346 (SCA); 2003 (1) SA 389 (SCA) (27 September 2002)
The Supreme Court of Appeal held that the police owed the appellant a legal duty to act positively to prevent the escape of a known dangerous criminal, Mohamed, who subsequently harmed her. This duty arises from the constitutional imperatives to protect individuals from violence, particularly women, as entrenched in sections 12(1)(c), 7(2), and 205(3) of the Constitution. The Court rejected the respondent's argument that liability should be limited by requiring a special relationship or by public policy concerns about limitless liability. Instead, it adopted an open-ended and flexible approac…
Source excerpt
- State Liability For Omissions
- Wrongfulness In Delict
- Bill Of Rights Limitation
- Police Duty Of Care
- Vicarious Liability