Demesha v Minister of Police (174/17) [2019] ZAECMHC 20 (30 April 2019)

Demesha v Minister of Police (174/17) [2019] ZAECMHC 20 (30 April 2019)

The court found the plaintiff's witness, Malamba, to be credible and reliable, providing a clear and consistent account of the shooting. The police officers' version was improbable, especially given the deceased's matching clothing to the suspect description, the lack of pursuit of the alleged suspect after the shooting, and the ballistic evidence showing only police cartridges at the scene. The involvement of IPID further indicated suspicion of police misconduct. On a balance of probabilities, the court held that the deceased was shot and killed by a member of the South African Police Services, and the defendant is liable for damages arising from the death.

Citation
[2019] ZAECMHC 20
Parties
Plaintiff: Nomaphelo Cynthia Demesha; Defendant: Minister of Police
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
30 April 2019
Case Number
174/17
Procedural Posture
Civil Trial / Liability Separated From Quantum; Liability Determined First
Outcome
The defendant is held liable for the damages that the plaintiff shall prove consequent upon the death of Silulami Demesha.
Judges
S M Mbabane
Legal Topics
Loss of Support, Wrongful Death, Onus of Proof, Single Witness Rule
Delict Civil Procedure Loss of Support Wrongful Death Onus of Proof Single Witness Rule

Case Brief

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Parties

Nomaphelo Cynthia Demesha

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Liability Separated From Quantum; Liability Determined First

Legal Issues

  1. 1 Whether the deceased was shot and killed by members of the South African Police Services.
  2. 2 Whether the defendant is liable for damages arising from the death of the deceased.

Ratio Decidendi

The court found the plaintiff's witness, Malamba, to be credible and reliable, providing a clear and consistent account of the shooting. The police officers' version was improbable, especially given the deceased's matching clothing to the suspect description, the lack of pursuit of the alleged suspect after the shooting, and the ballistic evidence showing only police cartridges at the scene. The involvement of IPID further indicated suspicion of police misconduct. On a balance of probabilities, the court held that the deceased was shot and killed by a member of the South African Police Services, and the defendant is liable for damages arising from the death.

Court Disposition

The defendant is held liable for the damages that the plaintiff shall prove consequent upon the death of Silulami Demesha.

Orders

  • The defendant is held liable for the damages that the plaintiff shall prove consequent upon the death of Silulami Demesha on 19 October 2016.
  • The quantum of damages to which the plaintiff is entitled shall be determined on a date to be arranged with the Registrar of this Court.