Kunene v Minister of Safety and Security (426/2013) [2015] ZAFSHC 244 (26 November 2015)

Kunene v Minister of Safety and Security (426/2013) [2015] ZAFSHC 244 (26 November 2015)

The court found that, on a balance of probabilities, the only plausible inference from the evidence is that the plaintiff was shot and injured by a member of the South African Police Service during the protest. No other individuals were present at the scene, and the cartridges found were of a type issued exclusively to police or defence force members. The defendant failed to provide a credible alternative explanation or evidence to rebut the inference of police involvement. The Minister of Safety and Security is therefore vicariously liable for the damages suffered by the plaintiff as a result of the unlawful conduct of a police officer.

Citation
[2015] ZAFSHC 244
Parties
Plaintiff: Anti Elsie Kunene; Defendant: Minister of Safety and Security
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
26 November 2015
Case Number
426/2013
Procedural Posture
Delictual Claim / Merits Only
Outcome
Defendant found liable for damages caused to the plaintiff; costs order reserved pending determination of quantum.
Judges
Moloi
Legal Topics
Vicarious Liability, Unlawful Assault, Onus of Proof, Causation, Police Misconduct
Delict Vicarious Liability Unlawful Assault Onus of Proof Causation Police Misconduct

Case Brief

Summary, issues, holding and outcome

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Parties

Anti Elsie Kunene

Plaintiff

Minister of Safety and Security

Defendant

Procedural Posture

Delictual Claim / Merits Only

Legal Issues

  1. 1 Whether the plaintiff was shot and injured by a member of the South African Police Service.
  2. 2 Whether the conduct of the police was unlawful and caused the plaintiff's injuries.
  3. 3 Whether the Minister of Safety and Security is vicariously liable for the damages suffered by the plaintiff.

Ratio Decidendi

The court found that, on a balance of probabilities, the only plausible inference from the evidence is that the plaintiff was shot and injured by a member of the South African Police Service during the protest. No other individuals were present at the scene, and the cartridges found were of a type issued exclusively to police or defence force members. The defendant failed to provide a credible alternative explanation or evidence to rebut the inference of police involvement. The Minister of Safety and Security is therefore vicariously liable for the damages suffered by the plaintiff as a result of the unlawful conduct of a police officer.

Court Disposition

Defendant found liable for damages caused to the plaintiff; costs order reserved pending determination of quantum.

Orders

  • The defendant is liable for the damages suffered by the plaintiff.
  • Costs order is held in abeyance until quantum is determined.