Précédent 8 / 13 Next

front of the garage at 1[...] D[...] Road Dobson Gordons Bay, wearing a light laboratory coat and blue overhaul pants. [27] At 13:34 Mr. De Jager and a white male departed from the residence in the Toyota Fortuna with registration number C[...] 1[...] driven by Mr. De Jager. They arrived at 1[...] R[...] Street Beaconville at 1430. Mr. De Jager was observed then wearing dark glasses. Whilst driving in the direction of 1[...] R[...] Street, it was noted that Mr. De Jager exceeded the speed limit and appeared not to be hampered by his visual impairment. They were observed as they removed a turbo charger from the back of the Toyota Fortuner taking it into the company at 1[...] R[...] Street. They departed from the R[...] Street address at 14:53 and arrived at 1[...] D[...] Road Dobson Gordons Bay at 15:41. [28] Following this report the defendant posed questions to the plaintiff in terms of Rule 37 (4) and the plaintiff responded. For completeness' sake, it prudent to capture some of the exchanges: Question 1.1 Does the plaintiff still reside at 3[...] S[...] Drive, Grootfontein, Gauteng? Question 1.4 Is it admitted that the Plaintiff during August 2020 (in particular 18 August 2020 to 2 September 2020 resided at 1[...] D[...] Road, Dobson, Gordons Bay, Western Cape? Answer These constitute matters for evidence and/or cross-examination; alternatively same are interrogatories to which the Plaintiff is not required to submit and/or is irrelevant. Question 3.1 Is it admitted that the Plaintiff's son, Mr. de Jager (junior) was during 28 August 2020 to 30 August 2020 residing at [...] D[...] Road, Northen Paarl? Answer

Sélectionner le paragraphe cible3

● ● ●

NICOLAAS J DE JAGER v. NETCARE LIMITED 2024

Case Law

Country

South Africa

Country Location

Latitude: -28.58043087631903

Longitude: 24.820993917210945

Country Location (Lié Case Law): South Africa

Decision Date: 23 mai 2024

Case Status: Decision Pending

Case Outcome (Procedural)

Case Adjourned

Case Outcome (Disposition)

Monetary Damages/Fines

Keywords

Surveillance

Court Name: High Court of South Africa, Gauteng Division, Pretoria

Case Number: 42041/16

Case Summary: Plaintiff: Nicolaas J De Jager, an adult male businessman. Defendant: Netcare Limited, a company incorporated under the laws of South Africa and engaged in providing medical services. Facts The plaintiff underwent two eye surgeries. The first surgery for his right eye was successful, while the second surgery for his left eye resulted in Toxic Anterior Segment Syndrome (TASS), leading to blindness in that eye. The plaintiff claims damages against the defendant hospital where the surgeries were performed, arguing that the unsuccessful surgery directly caused his condition. Procedural History The merits of liability were settled 100% in favour of the plaintiff on 20 February 2018, and the defendant made two interim payments totalling R4.5 million. The parties separated the issues of liability and quantum, and the matter currently pertains to the quantum of damages claimed. Issues Whether the evidence provided by the defendant's forensic private investigator, Mr. Dion Pienaar, infringes on the plaintiff’s right to privacy as enshrined in section 14 of the Constitution. Whether the surveillance evidence is relevant to disproving the plaintiff’s claimed extent of damages. Rule of Law The constitutional right to privacy (section 14) and its proportionality analysis under section 36 of the Constitution. Rules of evidence concerning the admissibility of obtained information and its relevance to ongoing legal proceedings. Analysis The plaintiff contends that the surveillance conducted by the defendant’s investigator violated his constitutional right to privacy, aiming to exclude the investigator’s report and testimony from the proceedings. The defendant argues that the surveillance was necessary to ascertain the truth regarding the plaintiff’s current lifestyle and capabilities, especially in light of the substantial damages claimed. Judgment The court ordered an adjournment to allow the parties to address the constitutional issues raised concerning the plaintiff's right to privacy. The court indicated that the evidence might infringe on the plaintiff's rights but deferred a final decision to allow for possible amicus curiae submissions and further argument.

Case Significance: From the surveillance conducted by Mr. Dion Pienaar, the forensic private investigator, the following personal information about Nicolaas J De Jager was collected:

Locations and Movements:

Detailed observations were made of Mr. De Jager's movements, including specific addresses he visited in Pretoria and the Western Cape. Dates and times of his movements were logged, including activities at these locations. Lifestyle Observations:

The surveillance noted Mr. De Jager's activities, such as driving a car, shopping, and interacting with family members. Observations on his ability to ambulate unaided, his participation in outdoor activities, and his lack of need for sunglasses or other assistive devices despite his claimed visual impairment. Vehicle Information:

Specific details about the vehicles Mr. De Jager was seen driving, including make, model, and registration numbers. Family Interactions:

Interactions with his family, including his wife and grandson, were observed and noted. Activities such as shopping, taking a child to the store, and handling daily tasks were specifically mentioned. Residence Details:

Addresses of residences associated with Mr. De Jager and his family members were noted. Physical Capabilities:

Observations related to Mr. De Jager's physical capabilities, such as walking unassisted, driving, and engaging in various activities without visible impairment, were documented.

Available in

English

Related Caselaw (self)

Constitution of South Africa

Source URL: saflii

Collection

CIPIT

Date Updated: 18 févr. 2025

Documents principaux

NICOLAAS J DE JAGER v netcare limited 2024.pdf
English
Télécharger Vue

CYRILLA: Global Digital Rights Law

Sélectionner le paragraphe cible3

NICOLAAS J DE JAGER v. NETCARE LIMITED 2024

Documents principaux

Notifications