Minister of Police and Others v Umbhaba Estates (Pty) Ltd and Others (1281/2021) [2023] ZASCA 85 (1 June 2023)

Source: http://www.saflii.org/za/cases/ZASCA/2023/85.html

Summary: Delict – whether the response by members of the South African Police Services to violence that occurred at private property during a strike action was wrongful and negligent.

Ruling:

‘It is declared that during the period from 5 July 2007 to 24 July 2007 the Defendants [SAPS] wrongfully and negligently failed to prevent striking employees from causing damage to the First Plaintiff at its Kiepersol farm and from injuring the Sixth Plaintiff’.

[41] … They were indifferent as they either ignored pleas for help or arrived at the scene but left soon thereafter. It bears emphasising that the police had a constitutional duty to intervene, even before the first court order was obtained. That the police continued to drag their feet despite the issuance of three court orders related to the same incident is most deplorable. Based on the totality of evidence adduced, the high court’s conclusion that the attitude of the police in managing the strike was merely reactionary and exhibited a ‘don’t care’ attitude cannot be faulted.

[42]      It is clear that the steps taken by the police from 5 July 2007 up to 24 July 2007 fell far short of the steps that reasonable police officers would have taken to comply with the court orders that were issued by the Labour Court, and in general compliance with the constitutional imperatives set out in s 203 of the Constitution. By the time the police took decisive action on 17 July 2023, the proverbial horses had already bolted, as extensive damage had already been caused to Umbhaba’s property. Both the foreseeability and preventability legs of the negligence test set out in Kruger v Coetzee have been satisfied. It follows that negligence in respect of Umbhaba was established.

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