References: [2003] ZASCA 98, [2003] 4 All SA 117 (SCA)
Links: Saflii
Coram: Howie P, Mthiyane, Conradie, Heher JJA and Van Heerden AJA
South Africa: Supreme Court of Appeal – Subject: Delict – police – legal duty to exercise reasonable care in considering, investigating & 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.
This case is cited by:
- Cited – Michael and Others -v- The Chief Constable of South Wales Police and Another SC (Bailii, [2015] UKSC 2, Bailii Summary, [2015] 2 WLR 343, [2015] Med LR 171, [2015] 2 All ER 635, [2015] HRLR 8, UKSC 2013/0043, SC, SC Summary, SC Videoa Summary)
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 . .
(This list may be incomplete)
Last Update: 21-Dec-15 Ref: 556823
