Jordaan v Minister of Safety and Security (2012/08) [2010] ZAECPEHC 21 (25 May 2010)

Jordaan v Minister of Safety and Security (2012/08) [2010] ZAECPEHC 21 (25 May 2010)

The court found the plaintiff's version of events more probable than the defendant's. The evidence showed that the plaintiff was shot four times by Captain Schnetler, who could not adequately explain the number and location of the injuries. The nature of the plaintiff's injuries, particularly the severed tendon in his foot, rendered it highly improbable that he could have continued any assault after the first shot. The defendant failed to discharge the onus of proving that the shooting was justified, and the probabilities favoured the plaintiff's account that he was shot while attempting to separate his brother from the police and was incapacitated after the first shot. The defendant is...

Citation
[2010] ZAECPEHC 21
Parties
Plaintiff: Alvin Jordaan; Defendant: The Minister of Safety & Security
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
25 May 2010
Case Number
2012/08
Procedural Posture
Civil Action / Liability and Quantum Determined After Trial
Outcome
Defendant found liable for damages sustained by the plaintiff as a result of the shooting incident.
Judges
Pillay
Legal Topics
Police Shooting, Onus of Proof, Damages for Personal Injury, Justification of Force, Effecting Arrest
Delict Civil Procedure Police Shooting Onus of Proof Damages for Personal Injury Justification of Force Effecting Arrest

Case Brief

Summary, issues, holding and outcome

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Parties

Alvin Jordaan

Plaintiff

The Minister of Safety & Security

Defendant

Procedural Posture

Civil Action / Liability and Quantum Determined After Trial

Legal Issues

  1. 1 Whether the shooting of the plaintiff by the police was justified under the circumstances.
  2. 2 Whether the defendant is liable for damages arising from the shooting incident.
  3. 3 Whether the defendant discharged the onus of proving justification for the shooting.

Ratio Decidendi

The court found the plaintiff's version of events more probable than the defendant's. The evidence showed that the plaintiff was shot four times by Captain Schnetler, who could not adequately explain the number and location of the injuries. The nature of the plaintiff's injuries, particularly the severed tendon in his foot, rendered it highly improbable that he could have continued any assault after the first shot. The defendant failed to discharge the onus of proving that the shooting was justified, and the probabilities favoured the plaintiff's account that he was shot while attempting to separate his brother from the police and was incapacitated after the first shot. The defendant is...

Court Disposition

Defendant found liable for damages sustained by the plaintiff as a result of the shooting incident.

Orders

  • The defendant is held liable for damages sustained by the plaintiff and ordered to pay plaintiff an amount of R 220,000.00.
  • The defendant is ordered to pay interest thereon calculated at 15.5% per annum from a date two weeks after allocatur to date of payment.