SANDF asks ConCourt to set aside liability finding

Published in: Legalbrief
Date: Thu 04 July 2013
Category: Litigation Issue No: 3309

The SA National Defence Force is asking the Constitutional Court to set aside the findings of the SCA and High Court that it can be held liable for an attack by a man using a weapon built from military gun parts, notes a Beeld reports. The basic parts of an R4 rifle were stolen from an army base outside Pretoria in 2001.

The gun was later ‘built’ with more parts stolen by a military chaplain, Jacob Motaung, from a military base in Middelburg, Mpumalanga. He passed on the parts to Vusi Mahlangu, who used them to rob and injure Leon von Benecke, from Bronkhorstspruit.

Von Benecke successfully sued the Minister of Defence for damages as Motaung was in the SANDF when the parts and ammunition were stolen. But SANDF head Solly Shoke now says in court papers addressed to Chief Justice Mogoeng Mogoeng that Von Benecke’s damages are too far removed from the theft committed by Motaung. The court, he says, should not accept a causal link between the thefts and Von Benecke’s injuries. Mogoeng is considering the application.