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Minister of Safety and Security v Hamilton; 26 Sep 2003

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.
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Last Update: 21-Dec-15 Ref: 556823

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