South Africa: Supreme Court of Appeal – Subject: Delict – police – legal duty to exercise reasonable care in considering, investigating and recommending application for firearm licence – liability for shooting by unfit person to whom firearm licence issued
The police were held liable to the victim of a shooting for negligently issuing a firearm licence to the attacker, who had a history of psychosis, personality disorder and alcohol abuse. The agreed statement of facts did not suggest that the victim was at higher risk than any other member of the public.
Howie P, Mthiyane, Conradie, Heher JJA and Van Heerden AJA
[2003] ZASCA 98, [2003] 4 All SA 117 (SCA)
Saflii
England and Wales
Cited by:
Cited – Michael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.556823