Nqakula denies R5.6m liability

2008-08-07 21:28

Pretoria - People could not sue the police for negligence simply because there was not a policeman on each and every corner of the country, the High Court was told on Thursday.

Counsel for Safety and Security Minister Charles Nqakula argued before Judge Ntikisela Poswa that he should not entertain a R5.6m damages claim by Byron Gerber of Krugersdorp because there was no basis for his claim.

Gerber instituted a damages claim against the minister after being shot several times during a robbery at his home in a Krugersdorp security complex, which was protected by an electric fence and had entrance control.

Gerber, who was shot in the chest and arm, 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.

Police 'not equipped'

He claimed in court papers the police had a duty in terms of the constitution and the Police Act to protect the life, limb and property of each and every person in the country, but had failed in this legal duty and could have prevented the incident.

He accused the minister of failing to comply with his legal duty by employing police officers who could not read and write, not employing enough policemen, not doing visible policing and not maintaining vehicles properly.

"The police services, in general, are unable and not equipped to fulfil the objectives and functions of the police services as set out in the constitution and the Police Act.

"The defendant as political head does not have the political will nor inclination to address the problems of the police services and the reign of terror by criminals goes unabated.

"The citizens of South Africa are virtually imprisoned in their own homes at night due to the failure of the police services to provide a safe environment in public places," he added.

Did not disclose the basis

The minister objected to Gerber's claim, saying he had failed to set out any details of any contractual wrong allegedly committed by him or his servants and that the particulars of the claim did not disclose a cause of action.

He said the constitution and the preamble of the Police Service Act did not give rise to a claim for damages for actual losses suffered.

The claim did not disclose on what basis he alleged that the employment of illiterate policeman and failure to provide visible policing and efficient vehicles could give rise to the minister's liability for his damages.

The hearing continues.

- SAPA