Mahlangu v Minister of Police (20309/2017) [2019] ZAGPJHC 363 (18 September 2019)

Mahlangu v Minister of Police (20309/2017) [2019] ZAGPJHC 363 (18 September 2019)

The court found that the plaintiff did not know or see who shot him and failed to call witnesses who allegedly informed him that the police were responsible. The only witness who could have corroborated the plaintiff's evidence, Mashiloane, gave testimony that was materially contradicted by the plaintiff and lacked supporting evidence. Mashiloane did not see any police uniforms, badges, or marked vehicles and only concluded the shooters were police officers because they picked up bullet cartridges. The court found Mashiloane's evidence to be farfetched and false. Absent credible corroboration, the plaintiff failed to discharge his evidentiary burden and did not establish a prima facie...

Citation
[2019] ZAGPJHC 363
Parties
Plaintiff: Bafana Mahlangu; Defendant: Minister of Police
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 September 2019
Case Number
20309/2017
Procedural Posture
Civil Trial / Absolution From the Instance Application at Close of Plaintiff's Case
Outcome
Absolution from the instance granted with costs.
Judges
Dlamini
Legal Topics
Absolution From the Instance, Evidentiary Burden, Credibility of Witnesses, Unlawful Conduct by Police
Delict Absolution From the Instance Evidentiary Burden Credibility of Witnesses Unlawful Conduct by Police

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Bafana Mahlangu

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Absolution From the Instance Application at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the plaintiff has led sufficient evidence for a reasonable court to find in his favour.
  2. 2 Whether the evidence adduced establishes a prima facie case of unlawful conduct by the police.
  3. 3 Whether the application for absolution from the instance should be granted.

Ratio Decidendi

The court found that the plaintiff did not know or see who shot him and failed to call witnesses who allegedly informed him that the police were responsible. The only witness who could have corroborated the plaintiff's evidence, Mashiloane, gave testimony that was materially contradicted by the plaintiff and lacked supporting evidence. Mashiloane did not see any police uniforms, badges, or marked vehicles and only concluded the shooters were police officers because they picked up bullet cartridges. The court found Mashiloane's evidence to be farfetched and false. Absent credible corroboration, the plaintiff failed to discharge his evidentiary burden and did not establish a prima facie...

Court Disposition

Absolution from the instance granted with costs.

Orders

  • Absolution from the instance is granted.
  • Plaintiff to pay costs of suit.