Lehlehla v Minister of Police (A37/2023) [2024] ZAWCHC 107 (19 April 2024)

Lehlehla v Minister of Police (A37/2023) [2024] ZAWCHC 107 (19 April 2024)

The majority held that the appellant's pleadings, though not explicit, were sufficiently broad to incorporate SAPS' statutory duty of care, including the obligation to deploy the POP unit for public order policing. The evidence established that SAPS was aware of the imminent threat and had the capacity to deploy the POP unit, which would likely have prevented the injury. The respondent was not prejudiced, as the issue was fully canvassed at trial and SAPS witnesses themselves acknowledged the necessity and availability of the POP unit. The defences of necessity and voluntary assumption of risk were rejected: the necessity was self-created by SAPS' failure to deploy the POP unit, and the...

Citation
[2024] ZAWCHC 107
Parties
Appellant: Dibakiso Aletta Lehlehla; Respondent: Minister of Police
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
19 April 2024
Case Number
A37/2023
Procedural Posture
Civil Appeal / Appeal From Dismissal of Delictual Claim; Merits Only, Quantum Separated
Outcome
Appeal upheld; trial court's order set aside; respondent held liable for damages; costs awarded to appellant.
Judges
Henney, Dolamo, Salie
Legal Topics
Duty of Care, Public Order Policing, Pleadings Particularity, Defence of Necessity, Voluntary Assumption of Risk
Delict Civil Procedure Duty of Care Public Order Policing Pleadings Particularity Defence of Necessity Voluntary Assumption of Risk

Case Brief

Summary, issues, holding and outcome

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Parties

Dibakiso Aletta Lehlehla

Appellant

Minister of Police

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Delictual Claim; Merits Only, Quantum Separated

Legal Issues

  1. 1 Whether the appellant's pleadings were sufficiently broad to include SAPS' failure to deploy the Public Order Policing (POP) unit as a basis for liability.
  2. 2 Whether the respondent's defences of necessity and voluntary assumption of risk are sustainable on the facts.
  3. 3 Whether the trial court erred in dismissing the appellant's claim based on the pleadings and evidence.

Ratio Decidendi

The majority held that the appellant's pleadings, though not explicit, were sufficiently broad to incorporate SAPS' statutory duty of care, including the obligation to deploy the POP unit for public order policing. The evidence established that SAPS was aware of the imminent threat and had the capacity to deploy the POP unit, which would likely have prevented the injury. The respondent was not prejudiced, as the issue was fully canvassed at trial and SAPS witnesses themselves acknowledged the necessity and availability of the POP unit. The defences of necessity and voluntary assumption of risk were rejected: the necessity was self-created by SAPS' failure to deploy the POP unit, and the...

Court Disposition

Appeal upheld; trial court's order set aside; respondent held liable for damages; costs awarded to appellant.

Orders

  • The appeal is upheld with costs, including costs of two counsel.
  • The order of the court a quo is set aside and replaced with: 1. The defendant is held liable for the damages suffered by the plaintiff as a consequence of the incident on 10 August 2011 when she was struck in the right eye by a rubber bullet fired by a South African Police official. 2. The defendant is ordered to...