Daweti v Minister of Police (12327/2015) [2020] ZAGPJHC 434 (10 July 2020)

Daweti v Minister of Police (12327/2015) [2020] ZAGPJHC 434 (10 July 2020)

The court found that the plaintiff's evidence was contradictory and improbable, particularly regarding the circumstances of the alleged shooting and the reporting of the incident to the police. The plaintiff's written statement to the police differed materially from his oral evidence in court, and his sister-in-law's testimony did not corroborate key aspects of his version. The police evidence was consistent and credible, indicating that rubber bullets were only fired at a crowd attacking the church on the northerly side, not in the direction where the plaintiff claimed to be injured. No direct evidence supported the plaintiff's claim that he was shot by the police, and no report of...

Citation
[2020] ZAGPJHC 434
Parties
Plaintiff: Daweti Loyiso Moses; Defendant: Minister of Police
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
10 July 2020
Case Number
12327/2015
Procedural Posture
Civil Trial / Merits Separated From Quantum; Trial on Merits Only
Outcome
Plaintiff's claim dismissed with costs.
Judges
Yende
Legal Topics
Negligent Shooting, Rubber Bullet Injury, Onus of Proof, Mutually Destructive Versions, Assessment of Evidence
Delict Civil Procedure Negligent Shooting Rubber Bullet Injury Onus of Proof Mutually Destructive Versions Assessment of Evidence

Case Brief

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Parties

Daweti Loyiso Moses

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Merits Separated From Quantum; Trial on Merits Only

Legal Issues

  1. 1 Whether the plaintiff was shot and injured by a member of the South African Police Service with a rubber bullet.
  2. 2 Whether the plaintiff has discharged the onus of proof on a preponderance of probabilities.
  3. 3 Whether the evidence supports the plaintiff's version over the defendant's version.

Ratio Decidendi

The court found that the plaintiff's evidence was contradictory and improbable, particularly regarding the circumstances of the alleged shooting and the reporting of the incident to the police. The plaintiff's written statement to the police differed materially from his oral evidence in court, and his sister-in-law's testimony did not corroborate key aspects of his version. The police evidence was consistent and credible, indicating that rubber bullets were only fired at a crowd attacking the church on the northerly side, not in the direction where the plaintiff claimed to be injured. No direct evidence supported the plaintiff's claim that he was shot by the police, and no report of...

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The plaintiff's claim is dismissed with costs.