Khoza and Another v Minister of Safety and Security and Another (7369/06) [2009] ZAKZDHC 22 (22 June 2009)

Khoza and Another v Minister of Safety and Security and Another (7369/06) [2009] ZAKZDHC 22 (22 June 2009)

The court found that the police acted reasonably and proportionally in the circumstances, given the evidence that the plaintiff and his companion were armed and fired at the police. The police were justified in using deadly force under Section 49 of the Criminal Procedure Act, as the suspects posed an immediate threat to the safety of the officers and the public. The expert evidence indicated that the plaintiff's injuries were more likely caused by a ricocheted bullet fired by his companion, not by the police. The absence of firearms and gunpowder residue was explained by the terrain and the suspects' wet condition. The court rejected the plaintiff's version and criticisms of the police...

Citation
[2009] ZAKZDHC 22
Parties
Plaintiff: Nelisiwe Goodness Khoza; Plaintiff: Nelisiwe Goodness Khoza N.O.; Defendant: Minister of Safety and Security; Defendant: Inspector Mergan Naidoo
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
22 June 2009
Case Number
7369/06
Procedural Posture
Civil Trial / Liability Separated From Quantum; Trial on Liability Only
Outcome
Plaintiff's claim dismissed with costs.
Judges
Gyanda
Legal Topics
Wrongful Arrest, Use of Deadly Force, Section 49 Criminal Procedure Act, Onus of Proof, Police Liability, Quantum Separation
Delict Criminal Law Civil Procedure Wrongful Arrest Use of Deadly Force Section 49 Criminal Procedure Act Onus of Proof Police Liability +1 more

Case Brief

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Parties

Nelisiwe Goodness Khoza

Plaintiff

Nelisiwe Goodness Khoza N.O.

Plaintiff

Minister of Safety and Security

Defendant

Inspector Mergan Naidoo

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the police were justified in shooting the plaintiff under Section 49 of the Criminal Procedure Act.
  2. 2 Whether the plaintiff was wrongfully and unlawfully arrested and detained by the police.
  3. 3 Whether the plaintiff was armed and fired at the police, justifying the use of deadly force.

Ratio Decidendi

The court found that the police acted reasonably and proportionally in the circumstances, given the evidence that the plaintiff and his companion were armed and fired at the police. The police were justified in using deadly force under Section 49 of the Criminal Procedure Act, as the suspects posed an immediate threat to the safety of the officers and the public. The expert evidence indicated that the plaintiff's injuries were more likely caused by a ricocheted bullet fired by his companion, not by the police. The absence of firearms and gunpowder residue was explained by the terrain and the suspects' wet condition. The court rejected the plaintiff's version and criticisms of the police...

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The plaintiff's claim is dismissed with costs.