The Minister of Police v K

Ms K was abducted, robbed and repeatedly raped overnight on 9–10 December 2010 after visiting King’s Beach in Port Elizabeth. Her disappearance was reported to SAPS on the evening of 9 December. Her vehicle was later found broken into at the beach parking area. SAPS conducted a ground search using a trained search-and-rescue dog and an aerial helicopter search during the night, but Ms K was not found. She escaped the following morning and reported the crimes to police. The assailants were never identified or apprehended. Ms K subsequently instituted a delictual claim against the Minister of Police, alleging that SAPS negligently failed to conduct a reasonably effective search for her and a proper investigation thereafter, which failures aggravated her psychological and psychiatric harm.

The appeal was upheld with costs. The order of the High Court was set aside and substituted with an order dismissing Ms K’s claim against the Minister of Police with costs, including the costs of two counsel and specified expert and procedural expenses.

The case clarifies the limits of delictual liability of the police for alleged failures in search and investigation, particularly in claims for aggravated psychological harm. It underscores the stringent requirements for proving negligence, wrongfulness and causation against the state, and affirms that constitutional duties do not automatically translate into delictual liability without clear proof of breach and causation.