In January 2025, the court addressed a claim for loss of support following the wrongful death of the first plaintiff’s husband, who died after being taken into police custody. The claimants, consisting of the deceased’s wife and two daughters, alleged that the police failed to provide the necessary medical care to the deceased, leading to his death. The central issue in this case was whether the police had a legal duty to provide medical care to the deceased and whether their failure to do so constituted negligence. The court determined that the police officers’ omissions were negligent and that their failure to provide medical care directly contributed to the diabetic’s death.

On 14 February 2014, the deceased was arrested by members of the South African Police Service (SAPS) for being drunk in public. At the time of his arrest, the deceased was found lying next to his vehicle and was in diabetic shock. He had several bruises, injuries, and contusions. The first two police officers took the deceased into custody without taking steps to establish his medical condition or ensure that he received appropriate medical treatment.

The deceased was placed in a holding cell at the police station. During the night, the shift changed, and another police officer took over. At approximately 23:00, the police officer noticed frothy blood vomit coming from the deceased’s mouth and called an ambulance. The deceased was taken to the local hospital, where he was found to be in a diabetic (hypoglycemic) shock and had a severe cut on his forehead along with multiple bruises and injuries. The deceased passed away on 15 February 2014.

The primary legal issue was whether the police officers had a legal duty to provide medical care to the deceased and whether their failure to do so constituted negligence. The court had to determine if the actions and omissions of the police officers breached their duty of care and if there was a causal link between their conduct and the death of the deceased.

The court examined the facts and legal principles surrounding the duty of care and negligence. It found that the police officers had a legal duty to protect the deceased and ensure that he received medical treatment while in custody. The court referenced the SAPS Standing Orders, which required police officers to provide medical care to detainees in need and to make regular visits to check on their condition.

The court found that the police officers failed to fulfil their duty of care. The first two police officers were aware that the deceased was diabetic but did not take steps to ensure he received his medication or medical attention. Another police officer, despite having personal knowledge of diabetes, failed to seek medical advice or assistance for the deceased.

The court held that the defendant, was liable for the damages due to the loss of support that the plaintiffs may establish arising from the death of the deceased. The court found that the police officers’ actions and omissions constituted negligence and that there was a material causal link between their conduct and the death of the deceased.

Van Der Westhuizen and Others v Minister of Police (307/2015) [2025] ZANCHC 1 (17 January 2025)