Kogana v SBV Services (Pty) Ltd

SBV Services (Pty) Ltd, a cash-in-transit security company, suffered a loss of over R5 million when one of its armoured vehicles was robbed while delivering cash to an ATM at Bluewater Bay on 28 June 2007. The appellant, Mr Glenville Mervin Kogana, was the supervisor of the four-person armed crew. SBV alleged that the robbery occurred because Mr Kogana failed to properly perform his supervisory duties, particularly by not ensuring that the armed ‘long gun man’ was strategically positioned and by allowing the driver to leave the vehicle. SBV sued Mr Kogana in the Eastern Cape High Court for the loss, alleging negligent and wrongful performance of duties. The High Court found in favour of SBV. Mr Kogana appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The order of the Eastern Cape High Court was set aside and replaced with an order absolving the first defendant, Mr Kogana, from the instance with costs.

The case is significant for its reaffirmation of the strict approach to factual causation in South African law, particularly in claims against employees for losses suffered by employers. It underscores that proof of breach alone is insufficient; a plaintiff must establish, on a balance of probabilities, that the harm would not have occurred but for the breach. The judgment also illustrates judicial caution against speculative reasoning in complex factual scenarios such as armed robberies.