Minister of Safety and Security v Hamilton

A woman, Erna McArdell, applied for and was granted a firearm licence in terms of the Arms and Ammunition Act 75 of 1969. The police officials involved relied solely on information provided by McArdell in prescribed forms and conducted only a fingerprint check, without investigating her mental health history or personal circumstances. McArdell had an extensive history of mental illness, alcohol abuse, hospitalisation, and violent behaviour prior to the licence application. Approximately ten months after the licence was issued, she shot the respondent, Ian Hamilton, during a dispute, causing a spinal injury that rendered him a tetraplegic. Hamilton sued the Minister of Safety and Security for delictual damages, alleging negligent failure by police officials to properly investigate McArdell’s fitness to possess a firearm.

The appeal was dismissed, and the order of the High Court declaring the Minister of Safety and Security liable for the respondent’s damages was upheld, with costs.

This case is a leading authority on delictual liability of the police for negligent administrative action in the firearm licensing process. It affirms that the state may be held liable where police officials fail to take reasonable steps to protect the public from foreseeable harm arising from the licensing of dangerous weapons.