Crime victim's case against Nqakula dismissed

The judge dismissed Gerber's case against Nqakula

The man who is suing Safety and Security Minister, Charles Nqakula, for R5.6 million over crime has to start his case all over again. This comes after the Pretoria High Court upheld the State's objection to the Minister being sued.

Byron Gerber says he spent three months in hospital after he had been shot at a Johannesburg security complex in 2005. His hospital bills amounted to R1.6 million. The State argued that Gerber's claim had no basis.

The State raised an exception to the claim, saying it was not sustainable in law, and that the statutory provisions do not give rise to a claim for damages.

Judge Ntsikelelo Poswa said that although he agreed that the crime situation in the country was a crisis and that Gerber deserved compensation, he was legally obliged to dismiss his claim as it was procedurally flawed. Gerber and his legal team will now have to decide whether to appeal the judgment at the Supreme Court of Appeal or bring a new application to the Pretoria High Court.