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A reasonable person in the position of the would have foreseen that, in the absence of any such corroborative enquiries, an applicant for a firearm licence who was clearly unfit to possess a firearm, might have a firearm licence issued to him or her and that this might well result in harm being
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a legal duty to take proper measures to screen an application for a firearm licence by making such enquiries as are reasonable in the circumstances to corroborate the veracity of the information furnished to them by the applicant in relation to his or her physical, temperamental and psychological
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Hamilton sustained a serious spinal injury, rendering him "permanently wheelchair-bound," and some three years later claimed damages against the
Minister of Safety and Security. The police, he argued, had been in negligent breach of their "legal duty to exercise reasonable care in considering,
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The court believed that, had not the police been negligent in this regard—that is, had they taken the "reasonable pre-caution" detailed above—they would have come to the view that McArdell ought not to receive a firearm licence. The dangers were obvious:
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investigating, recommending and ultimately granting McArdell's application for a firearm licence." They had incurred vicarious liability, in that their dereliction of duty, unwittingly but effectively, had enabled McArdell's assault.
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The SCA dismissed the
Minister's appeal and upheld the decision of the High Court, so that the Minister was found to be liable to Hamilton for the harm suffered in McArdell's attack. The police were found to have
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Finally, the court determined, having regard to considerations of "reasonableness, fairness or legal policy," that
Hamilton's loss was not too remote to permit a claim for damages.
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applied successfully for a gun licence. Ten months later, during a parking-lot altercation, she shot
Hamilton in the back.
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the conduct of the police had constituted an omission, been wrongful and incurred fault in the form of
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there was clear factual causation between the negligence of the police and
Hamilton's shooting.
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51:(SCA) on 21 August 2003, with judgment handed down on 26 September.
80:, and all the essential elements of delict were present:
109:fitness to possess a (potentially lethal) firearm.
267:Supreme Court of Appeal of South Africa cases
119:in-flicted on a member of the general public.
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138:Minister of Safety and Security v Hamilton
32:Minister of Safety and Security v Hamilton
18:Minister of Safety and Security v Hamilton
63:, one Erna Lochiel McArdell in September
74:The applicable delictual action was the
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84:Hamilton had suffered physical harm;
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43:, but with implications also for
272:2003 in South African case law
144:216 (SCA). 2003 Case 457/2002
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277:South African delict case law
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47:. It was heard before the
35:is an important case in
27:South African legal case
187:Act 75 of 1969, s 3(1).
159:Arms and Ammunition Act
61:Arms and Ammunition Act
49:Supreme Court of Appeal
178:2004 (2) SA 216 (SCA).
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39:, in particular the
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16:(Redirected from
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45:criminal law
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161:75 of 1969.
153:Legislation
77:lex Aquilia
261:Categories
127:References
140:2004 (2)
250:Para 46.
241:Para 39.
232:Para 40.
223:Para 32.
214:Para 47.
132:Case law
99:Judgment
205:Para 4.
196:Para 2.
146:SAFLII
166:Notes
91:; and
89:dolus
55:Facts
65:1993
263::
142:SA
148:.
20:)
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