The Minister of Safety and Security v Pedro Souza de Lima

The respondent, Pedro Souza de Lima, was shot and rendered paraplegic on 6 March 1996 by Jose Andrade Dos Santos using a revolver. Dos Santos had obtained the firearm pursuant to a licence issued by the South African Police Service (SAPS). When applying for the licence in 1994, Dos Santos disclosed that he had previously been charged with common assault, a charge that was later withdrawn. The police officer who interviewed him did not investigate the circumstances of the assault charge or its withdrawal and nonetheless recommended the granting of the licence. Senior officers supported the recommendation, and the licence was issued in 1995. After the shooting, the respondent sued the Minister of Safety and Security for damages, alleging that the police were negligent in issuing the firearm licence.

The appeal was dismissed with costs. The order of the High Court holding the Minister of Safety and Security liable for the respondent’s damages was upheld. The costs of the respondent’s application to adduce further evidence were made costs in the cause.

This case affirms and strengthens the duty of care imposed on the police when processing firearm licence applications. It confirms that police negligence in failing to properly investigate an applicant’s background can ground delictual liability where harm results. The judgment builds on Minister of Safety and Security v Hamilton and is an important authority on state liability, negligent licensing, and the protection of the public from gun violence.