Minister of Safety and Security and Another v Rudman and Another

A toddler, Roald Rudman, nearly drowned after falling into an unsecured swimming pool at his family home. A bystander, Kobus Pienaar, removed him from the pool and performed CPR for approximately 10–15 minutes. SAPS sergeant Johan Becker arrived, examined the child, declared him dead, and instructed that CPR be stopped. No further resuscitation was performed for about ten minutes until additional police officials with paramedic training arrived and resumed CPR. Roald survived but suffered severe hypoxic brain damage, resulting in spastic tetraplegia. The child’s father sued the Minister of Safety and Security and Becker for negligence. The appellants joined a third party, Petrus Botha Schabort, alleging he negligently removed the pool’s safety net and left the child unattended.

The appeal was dismissed. The Minister and Becker were held jointly and severally liable for the plaintiff’s proven damages. The third party was held liable to contribute 20% of the damages payable by the appellants, as set out in paragraph [90] of the judgment.

The case is significant for clarifying the delictual liability of police officers who intervene in medical emergencies, particularly regarding the duty not to worsen an existing peril. It affirms that negligent interruption of life-saving measures can attract liability and illustrates the application of the Apportionment of Damages Act to successive wrongdoers in South African delict law.