High Court of South Africa Eastern Cape, Port Elizabeth - 2011 April

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2 judgments

Citation	Judgment date
April 2011
Botha v Minister of Safety and Security and Others, January v Minister of Safety Security and Others (575/2009; 576/2009) [2011] ZAECPEHC 12 (2 April 2011) Reported Court held police must assess and inform prosecutors if no grounds exist for continued detention; particulars of claim not excipiable. Constitutional law – detention and freedom – s 12 right against arbitrary detention; duty of police to assess necessity of continued detention and to inform prosecutor; duty of prosecutor to acquaint with docket and place reasons for further detention before court; exception – particulars of claim sufficiently plead triable delictual cause of action.	2 April 2011
SBV Services Ltd v Kogana and Another (2722/2007) [2011] ZAECPEHC 13 (1 April 2011) The first defendant held liable for negligent breach of duty causing a cash-in-transit loss; insurance did not bar plaintiff's claim. Delict — Negligence of security personnel during cash-in-transit delivery; legal duty to prevent harm; factual and legal causation; collateral source rule — insurer's indemnity does not necessarily reduce plaintiff's claim; defenses: sudden emergency, employer contribution.	1 April 2011