Businessman loses crime claim

2008-08-08 19:04

Pretoria - Krugersdorp businessman Byron Gerber has failed in his bid to claim damages from the police after he was seriously injured in an armed robbery at his home.

Pretoria High Court Judge Ntsikelelo Poswa on Friday upheld arguments put forward by the respondent, Safety and Security Minister Charles Nqakula.

Poswa said the case law on which Gerber relied all concerned instances where specific, direct acts had been undertaken.

Examples were incidents where a prisoner had escaped and caused harm, or a plaintiff was raped while in police custody, and the SAPS had failed to take action.

Gerber had not cited any specific police officials in his claim, and simply sued the minister as political head of the police, Poswa said.

Gerber had also relied on "general" statements.

These included a contention that the minister employed illiterate policemen in inadequate numbers and that there was no visible policing.

The judge said how these general facts could have any bearing on what had happened to Gerber that night eluded him.

"It's not about my lack of care. I don't want to join (counsel for Gerber) who said all 48 million citizens are slaughtered in their doors, but I accept there's a crisis," Poswa said.

"I'm aware there's a lot of crime that's rampant."

The judge said Gerber's allegations created a "painful" picture, where a citizen was obliged to employ the services of a security company for peace of mind.

He, nevertheless, became the victim of a brutal attack.

Gerber was shot in the chest and arm during an armed robbery at his home in a security complex.

He spent three months in hospital, had to close down his tea garden and was later diagnosed with post traumatic stress disorder.

He said he was now virtually unemployable.

Gerber told reporters after the ruling that he intended carrying on with his battle, despite being ordered to pay the Minister's legal costs.

He would now amend the particulars of his R5.6m damages claim, he said.

If that failed, he intended appealing against the judge's ruling.

Gerber claimed in court papers the police had neglected their duty in terms of the Constitution and Police Act to protect the life, limb and property of every citizen.

- SAPA