Terblanche v The Minister of Safety and Security and Another

The appellant, Ettienne Terblanche, a farmer with specialised agricultural and mechanical skills, sustained severe head, neck and back injuries while in police custody on 20 July 2005 due to the negligent driving of a police van. Prior to the injury, he was a hands-on farmer performing significant physical and mechanical tasks on his farm. As a result of his injuries, he became unfit to perform these physical aspects and claimed damages against the Minister of Safety and Security and a police officer for, inter alia, future loss of earning capacity. Liability and certain heads of damages were agreed, leaving only the quantification of past and future loss of earnings. The trial court and the full court granted absolution from the instance on the basis that he failed to prove a loss of earning capacity. Terblanche appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The order of the full court was set aside and replaced with an order awarding Terblanche R1 557 136.69 for future loss of income. The appeal relating to past loss of income was dismissed, and absolution from the instance in respect of past loss of income was confirmed.

The case confirms that for self-employed persons, particularly farmers with specialised skills, loss of earning capacity may be quantified by the cost of substituted labour. It clarifies the application of principles from President Insurance Co Ltd v Mathews and distinguishes Rudman v Road Accident Fund, reinforcing that earning capacity is an asset in a person’s personal patrimony where its diminution causes actual pecuniary loss.