Minister of Safety and Security v Hlomza

The respondent’s husband, a South African Police Service member, shot and injured the respondent and then committed suicide using a state-issued firearm allocated to him for official duties. The respondent sued the Minister of Safety and Security for damages arising from her injuries, funeral expenses, and loss of support for herself and her minor children. Liability for the respondent’s personal injuries was admitted. However, no evidence was led at trial regarding the alleged negligence of the police in relation to the suicide, and the claim for loss of support was based solely on pleadings and partial admissions.

The appeal was upheld with costs, including the costs of two counsel. The order of the full court was set aside and replaced with an order dismissing the appeal to the full court, thereby reinstating the trial court’s order of absolution from the instance on the dependants’ claim for loss of support.

The case confirms that dependants’ claims for loss of support require strict proof of all delictual elements, including foreseeability and causation, and cannot be inferred from admissions relating to separate claims. It underscores that courts may not rely on conjecture where no evidence is led and affirms absolution from the instance as the correct remedy where a plaintiff fails to make out a prima facie case.