*Minister of Police v Skosana Flashcards
(38 cards)
What happened to Mr Skosana in the car accident?
Mr Skosana’s car left the road and landed in a ditch, causing injuries to the occupants.
Why was Mr Skosana removed from the scene by police?
He was suspected of being under the influence of alcohol.
What did the blood test reveal about Mr Skosana?
It confirmed the presence of alcohol in his system.
What did Mr Skosana initially complain of after the accident?
He complained of chest pains.
What was the doctor’s initial assessment of Mr Skosana’s condition?
The doctor found no internal injuries at that time.
Where was Mr Skosana placed after his medical examination?
He was placed in a police holding cell.
What occurred the following morning regarding Mr Skosana’s health?
He experienced severe abdominal pain and requested medical attention.
How did the police respond to Mr Skosana’s request for medical attention?
They delayed taking him to a doctor.
What did the doctor recommend once Mr Skosana was examined?
Immediate hospitalisation.
Why was there a delay in Mr Skosana’s hospitalisation?
Miscommunication caused the delay.
What occurred after Mr Skosana was released on bail?
He was transported to the hospital, admitted, and underwent surgery.
What was the outcome of Mr Skosana’s treatment in hospital?
He died in hospital.
Who brought a damages claim for Mr Skosana’s death?
His wife.
What was the outcome of the damages claim in the High Court?
The High Court ruled in favour of Mr Skosana’s wife.
On what grounds did the High Court find the policemen negligent?
For delaying medical attention and delaying transport to hospital.
What were the legal issues on appeal in Minister of Police v Skosana?
Whether the Minister of Police was vicariously liable and whether the policemen were liable for causing Mr Skosana’s death.
Who were the majority and minority judgements made by?
Majority: Corbett JA
Minority: Viljoen JA
What was the central issue in the Minister of Police v Skosana judgment?
Whether Mr Skosana’s death was caused by the negligence of Constables Davel and Mahela acting within the scope of their employment.
What were the two questions forming the court’s enquiry?
(1) Whether Davel and Mahela acted negligently, and (2) whether their negligence caused Mr Skosana’s death.
What legal test was applied by the court in assessing negligence?
The Kruger v Coetzee test, adapted for a case involving loss suffered by a dependant.
What does the Kruger v Coetzee test require for negligence?
That failure to act with reasonable care caused the harm.
How did the court find Davel and Mahela negligent?
They failed to act with reasonable speed in securing medical examination and arranging hospital transport for Mr Skosana.
What did the court say about the delay caused by Davel and Mahela?
The delay constituted negligence.
When is negligent conduct legally responsible for harm?
Only if it caused or materially contributed to the death.
