The Minister of Police is liable to pay damages for sloppy police work to a woman who was held hostage and repeatedly raped over a 15-hour period
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The case was brought by Ms K, a Johannesburg businesswoman who was visiting her mother in Gqebera in December 2010. According to court papers, a few hours before her flight back home, Ms K parked her car at Kings Beach and went for a walk. She was accosted by an unknown man, who:She was held captive for 15 hours and repeatedly raped.
She said the police had not properly questioned homeless people living in the dunes, and had not viewed the full CCTV footage available. She also argued that police had only sent evidence for DNA testing years later. In the Constitutional Court, Judge Tlaletsi said the case raised a novel legal question over whether a negligently conducted police search and investigation, which caused a person harm, can be deemed wrongful and constituted delictual liability.The factual conclusion of the High Court that not even a basic foot search was initially conducted must stand
The issue was not that there was no successful prosecution, but rather that the methodology was flawed.“If the SAPS is not required to act promptly and respond with appropriate seriousness as they failed to do so in this case, then the obligation upon them to protect the public and ensure the safety and security of vulnerable persons becomes hollow and meaningless,” the judge said.
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