Katekani v Minister of Police (452/2019) [2020] ZAMPMBHC 45 (28 September 2020)

Katekani v Minister of Police (452/2019) [2020] ZAMPMBHC 45 (28 September 2020)

The court found that while the plaintiff was injured by rubber bullets fired by members of the defendant, the evidence did not support the plaintiff's version that he was deliberately and intentionally shot at Jackson's Tavern by police officers. The plaintiff failed to provide a probable explanation for why police would have targeted him specifically, and his case rested solely on deliberate shooting, with no alternative claim of negligence or recklessness. The evidence indicated that the plaintiff was either involved in the protest or caught in the cross-fire during the lawful dispersal of protestors by police using rubber bullets. The defendant's conduct was justified under the...

Citation
[2020] ZAMPMBHC 45
Parties
Plaintiff: Makamu Katekani; Defendant: Minister of Police
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
28 September 2020
Case Number
452/2019
Procedural Posture
Civil Trial / Merits Only; Quantum Separated
Outcome
Plaintiff's claim dismissed with costs awarded to the defendant.
Judges
Greyling-Coetzer
Legal Topics
Unlawful Assault, Bodily Integrity, Burden of Proof, Justification for Police Action
Delict Civil Procedure Unlawful Assault Bodily Integrity Burden of Proof Justification for Police Action

Case Brief

Summary, issues, holding and outcome

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Parties

Makamu Katekani

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Merits Only; Quantum Separated

Legal Issues

  1. 1 Whether the plaintiff was deliberately shot by members of the defendant with rubber bullets at Jackson's Tavern.
  2. 2 Whether the shooting was unlawful and unjustified.
  3. 3 Whether the defendant established a ground of justification for the use of rubber bullets.

Ratio Decidendi

The court found that while the plaintiff was injured by rubber bullets fired by members of the defendant, the evidence did not support the plaintiff's version that he was deliberately and intentionally shot at Jackson's Tavern by police officers. The plaintiff failed to provide a probable explanation for why police would have targeted him specifically, and his case rested solely on deliberate shooting, with no alternative claim of negligence or recklessness. The evidence indicated that the plaintiff was either involved in the protest or caught in the cross-fire during the lawful dispersal of protestors by police using rubber bullets. The defendant's conduct was justified under the...

Court Disposition

Plaintiff's claim dismissed with costs awarded to the defendant.

Orders

  • The plaintiff's claim is dismissed.
  • The plaintiff is directed to pay the defendant's costs.