April v Minister of Safety and Security (79/07) [2008] ZAECHC 14; 2009 (2) SACR 1 (SE); [2008] 3 All SA 270 (SE) (10 February 2008)

April v Minister of Safety and Security (79/07) [2008] ZAECHC 14; 2009 (2) SACR 1 (SE); [2008] 3 All SA 270 (SE) (10 February 2008)

The court found that the police failed to discharge the onus of proving that the use of deadly force against the plaintiff was justified under section 49 of the Criminal Procedure Act. There was no reasonable basis for believing the plaintiff posed an imminent threat to the police or others, nor was there evidence that the offence for which arrest was sought was in progress or involved life-threatening violence. The police suspicion was based on weak circumstantial factors, and the allegation that shots were fired from the plaintiff's vehicle was not proven. The plaintiff was an innocent citizen, and the shooting constituted wrongful assault. The plaintiff was entitled to damages for the...

Citation
[2008] ZAECHC 14
Parties
Plaintiff: Mbulelo Joel April; Defendant: The Minister of Safety and Security
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
10 February 2008
Case Number
79/07
Procedural Posture
Civil Trial / Judgment on Merits and Quantum
Outcome
Judgment in favour of the plaintiff for damages arising from wrongful shooting by the police.
Judges
RJW Jones
Legal Topics
Use of Deadly Force, Section 49 Criminal Procedure Act, Assault by Police, Quantum of Damages, Contumelia, Bodily Integrity
Delict Criminal Law Use of Deadly Force Section 49 Criminal Procedure Act Assault by Police Quantum of Damages Contumelia Bodily Integrity

Case Brief

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Parties

Mbulelo Joel April

Plaintiff

The Minister of Safety and Security

Defendant

Procedural Posture

Civil Trial / Judgment on Merits and Quantum

Legal Issues

  1. 1 Whether the police were justified in using deadly force against the plaintiff during his attempted arrest.
  2. 2 Whether the requirements of section 49 of the Criminal Procedure Act for the use of deadly force were satisfied.
  3. 3 Whether the plaintiff was entitled to damages for assault, including general and special damages.

Ratio Decidendi

The court found that the police failed to discharge the onus of proving that the use of deadly force against the plaintiff was justified under section 49 of the Criminal Procedure Act. There was no reasonable basis for believing the plaintiff posed an imminent threat to the police or others, nor was there evidence that the offence for which arrest was sought was in progress or involved life-threatening violence. The police suspicion was based on weak circumstantial factors, and the allegation that shots were fired from the plaintiff's vehicle was not proven. The plaintiff was an innocent citizen, and the shooting constituted wrongful assault. The plaintiff was entitled to damages for the...

Court Disposition

Judgment in favour of the plaintiff for damages arising from wrongful shooting by the police.

Orders

  • The defendant is ordered to pay the plaintiff R142,464.15, comprising R32,464.15 in special damages and R110,000.00 in general damages.
  • Interest at the prescribed rate is payable from 14 days after the date of judgment until payment.