Minister of Safety and Security v Jordaan t/a Andre Jordaan Transport

JurisdictionSouth Africa
JudgeVivier JA, Scott JA, Mthiyane AJA
Judgment Date26 May 2000
Citation2000 (4) SA 21 (SCA)
Docket Number87/98
Hearing Date08 May 2000
CounselH G McLachlan for the appellant. A C Oosthuizen for the respondent.
CourtSupreme Court of Appeal

Scott JA:

[1] The respondent sued the appellant for damages in the Cape of Good Hope Provincial Division arising out of a motor collision which occurred at about 8.35 pm on Sunday, 5 February 1995, near I Kraaifontein on the N1 highway between Cape Town and Paarl. One of the vehicles involved in the collision was owned by the appellant and was being driven at the time by Detective Sergeant Madden who was employed by the appellant. It appears that the appellant's vehicle, which was travelling from north to south, ie in the direction from Paarl to Cape Town, suddenly crossed J

Scott JA

over the island separating the north- and southbound carriageways and collided with a vehicle in which the A respondent had an interest and which was then travelling in the opposite direction. Both Madden and the sole passenger in his vehicle were killed in the collision. In its particulars of claim the respondent alleged that at the time Madden

'was acting within the course and scope of his employment with B (the appellant), alternatively, . . . was acting as an agent of and was furthering the aims and interest of (the appellant)'.

The allegation was denied by the appellant. At a pre-trial conference it was agreed between the parties that this issue be decided first and an appropriate order was made in terms of Rule 33(4) of the Uniform Rules of Court. After hearing evidence Ngcobo J found in favour of the C respondent and ruled that Madden was acting within the course and scope of his employment with the appellant at the time of the collision. Leave to appeal was refused by the Court a quo but subsequently granted by this Court.

[2] The events preceding the collision are largely common cause. D Madden was stationed at Fish Hoek. On the day in question, Sunday, 5 February 1995, he was on what was known as 'stand-by' duty. This had begun at 7:30 pm on Friday, 3 February, and was due to end at 7:30 am on Monday, 6 February. It meant that he, together with a fellow detective, Warrant Officer Pamplin, had to be available E to deal with all in-coming cases during that period. It appears that previously in about September 1994 Madden had been entrusted with the investigation of a death by drowning. The victim's body was discovered on the west coast of the Cape Peninsula near Kommetjie by Dr Haywood, who lived and practised at Franschhoek. In order to complete the investigation a formal statement was required from Dr Haywood. F According to Captain Smit, who was in charge of the detective branch at Fish Hoek, some difficulty had been experienced in obtaining a statement from Dr Haywood 'telephonically', by which he meant presumably by telefax. On 18 January 1995 he accordingly instructed Madden to go to Franschhoek to obtain the statement. This G instruction was recorded in the investigation diary. By 27 January, Madden had not yet done so and Smit requested him to expedite the matter. The investigation diary records that on 31 January Madden undertook to go to Franschhoek to obtain the statement while he was on stand-by duty on 4 or 5 February. On Friday morning, 3 February, Pamplin, too, spoke to Madden about the outstanding H statement. Pamplin was Madden's superior and one of his duties was to check the progress being made in the investigations carried out by detectives under his control. Madden undertook to obtain the statement in the course of the forthcoming weekend. On Sunday morning, 5 February, Madden asked Pamplin, who was also on stand-by duty, to I 'cover' for him between 6 and 8 pm that afternoon while he went to Franschhoek to obtain the statement from Dr Haywood. The arrangement which Pamplin and...

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27 practice notes
  • F v Minister of Safety and Security and Others
    • South Africa
    • Invalid date
    ...216 (SCA) ([2003] 4 All SA 117): referred to J 2013 (2) SACR p22 Minister of Safety and Security v Jordaan t/a Andre Jordaan Transport 2000 (4) SA 21 (SCA): referred to A Minister of Safety and Security v Luiters 2007 (2) SA 106 (CC) (2007 (3) BCLR 287): referred Minister of Safety and Secu......
  • K v Minister of Safety and Security
    • South Africa
    • Invalid date
    ...of Police v Rabie 1986 (1) SA 117 (A): discussed and qualified Minister of Safety and Security v Jordaan tla Andre Jordaan Transport 2000 ( 4) SA 21 (SCA): referred to Minister van Veiligheid en Sekuriteit v Japmoco BK hla Status Motors 2002 (5) SA 649 (SCA): dictum in para [ 1] criticised ......
  • F v Minister of Safety and Security and Others
    • South Africa
    • Invalid date
    ...2004 (2) SA 216 (SCA) ([2003] 4 All SA 117): referred to Minister of Safety and Security v Jordaan t/a Andre Jordaan Transport 2000 (4) SA 21 (SCA): referred Minister of Safety and Security v Luiters 2007 (2) SA 106 (CC) (2007 (3) BCLR 287): referred to G Minister of Safety and Security v V......
  • Grobler v Naspers Bpk en 'n Ander
    • South Africa
    • Invalid date
    ...Law and Order v Ngobo 1992 (4) SA 822 (A): na verwys/referred to G Minister of Safety and Security v Jordaan t/a Andre Jordaan Transport 2000 (4) SA 21 (HHA): na verwys/referred Minister van Veiligheid en Sekuriteit v Japmoco BK h/a Status Motors 2002 (5) SA 649 (SCA): na verwys/referred to......
  • Request a trial to view additional results
24 cases
  • F v Minister of Safety and Security and Others
    • South Africa
    • Invalid date
    ...216 (SCA) ([2003] 4 All SA 117): referred to J 2013 (2) SACR p22 Minister of Safety and Security v Jordaan t/a Andre Jordaan Transport 2000 (4) SA 21 (SCA): referred to A Minister of Safety and Security v Luiters 2007 (2) SA 106 (CC) (2007 (3) BCLR 287): referred Minister of Safety and Secu......
  • K v Minister of Safety and Security
    • South Africa
    • Invalid date
    ...of Police v Rabie 1986 (1) SA 117 (A): discussed and qualified Minister of Safety and Security v Jordaan tla Andre Jordaan Transport 2000 ( 4) SA 21 (SCA): referred to Minister van Veiligheid en Sekuriteit v Japmoco BK hla Status Motors 2002 (5) SA 649 (SCA): dictum in para [ 1] criticised ......
  • F v Minister of Safety and Security and Others
    • South Africa
    • Invalid date
    ...2004 (2) SA 216 (SCA) ([2003] 4 All SA 117): referred to Minister of Safety and Security v Jordaan t/a Andre Jordaan Transport 2000 (4) SA 21 (SCA): referred Minister of Safety and Security v Luiters 2007 (2) SA 106 (CC) (2007 (3) BCLR 287): referred to G Minister of Safety and Security v V......
  • Grobler v Naspers Bpk en 'n Ander
    • South Africa
    • Invalid date
    ...Law and Order v Ngobo 1992 (4) SA 822 (A): na verwys/referred to G Minister of Safety and Security v Jordaan t/a Andre Jordaan Transport 2000 (4) SA 21 (HHA): na verwys/referred Minister van Veiligheid en Sekuriteit v Japmoco BK h/a Status Motors 2002 (5) SA 649 (SCA): na verwys/referred to......
  • Request a trial to view additional results
3 books & journal articles
  • Vicarious liability of the state for the abuse and misuse of firearms by police officers
    • South Africa
    • Sabinet Lesotho Law Journal No. 25-2, May 2017
    • 31 May 2017
    ...of the judicial quest for a more broad and precise approach to the determination of the issue of employer’s vicarious liability. 34 2000 (4) SA 21 (SCA). See also Minister van Veiligheid en Sekuriteit v Japmoco Bk h/a Status Motors 2002 (5) SA 649 (SCA). 35 Viljeon v Smith 1997 (1) SA 309 (......
  • 2020 volume 1 p 164
    • South Africa
    • Juta Tydskrif van Suid Afrikaanse Reg No. , February 2020
    • 3 February 2020
    ...subsequent judgments of the supreme court of appeal (notably Minister of Safety and Security v Jordaan t/a Andre Jordaan Transport 2000 4 SA 21 (SCA) 24H; Absa Bank Ltd v Bond Equipment (Pretor ia) (Pt y) Ltd 2001 1 SA 372 (SCA) 378B and Minister van Veiligheid en Sekuriteit v Japmoco BK h/......
  • 2020 volume 2 p 338
    • South Africa
    • Juta Tydskrif van Suid Afrikaanse Reg No. , April 2020
    • 14 April 2020
    ...court ” (par 17; referring to the judgments in Ngobo 830D-832D, Minister of Safety and Security v Jordaan t/a Andre Jordaan Transport 20 00 4 SA 21 (SCA) 24H-25E; the Ess Kay Electronics case 1218F-1219E; and contrasting the later judgment in the Japmo ko case 659B-G), the court turned its ......

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