Minister of Police and Others v Umbhaba Estates (Pty) Ltd and Others

Umbhaba Estates (Pty) Ltd operated a large agricultural enterprise, including the Kiepersol farm in Mpumalanga. In July 2007, employees at the Kiepersol farm embarked on a prolonged and violent strike characterised by intimidation, assaults, arson, malicious damage to property, looting and repeated breaches of court orders issued by the Labour Court. Umbhaba and its management repeatedly requested assistance from the South African Police Service to maintain public order, protect property, and enforce court interdicts regulating picketing and prohibiting violence. Despite these requests, and despite three Labour Court orders expressly authorising arrests for non-compliance, the police response was sporadic, brief, and largely ineffective. Police officers frequently declined to intervene, failed to monitor compliance with court orders, and rarely effected arrests. As a result, Umbhaba suffered extensive damage to property, and one employee, Ms Alida Mkhabela, was assaulted and injured on 24 July 2007 while police officers were nearby and failed to intervene. Umbhaba and Ms Mkhabela sued the Minister of Police, the National Commissioner and the Provincial Commissioner for damages based on wrongful and negligent omissions by the police.

The appeal was dismissed with costs, including the costs of two counsel. The order of the High Court was amended to declare that, during the period from 5 July 2007 to 24 July 2007, the defendants wrongfully and negligently failed to prevent striking employees from causing damage to Umbhaba Estates at its Kiepersol farm and from injuring Ms Alida Mkhabela.

This case affirms the delictual liability of the police for wrongful and negligent omissions where they fail to act against ongoing and foreseeable criminal conduct, even in the context of labour unrest. It reinforces that the police cannot abdicate their constitutional duties by characterising violent conduct as a mere labour dispute, and it underscores the obligation of the SAPS to enforce court orders and proactively maintain public order.