Maleke v Minister of Police (3989/2021) [2023] ZAFSHC 448 (16 November 2023)

Maleke v Minister of Police (3989/2021) [2023] ZAFSHC 448 (16 November 2023)

The court found the factual evidence, particularly the uncontested testimony of the crime scene technician, corroborated the defendant's version. The physical evidence at the scene, including the location of cartridges, the knife, and the stick, supported the police officer's account that the plaintiff pursued and attacked him with a knife and stick, necessitating self-defence. The court rejected the plaintiff's version as false, finding it improbable that the officer would fire three shots without provocation or that the knife would fall from a closed pouch. The court held that the police officer did not exceed the limits of self-defence, as the plaintiff posed a real and imminent...

Citation
[2023] ZAFSHC 448
Parties
Plaintiff: Lize Maleke; Defendant: Minister of Police
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
16 November 2023
Case Number
3989/2021
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff's action dismissed with costs.
Judges
Loubser
Legal Topics
Unlawful Assault, Self Defence, Damages for Personal Injury, Burden of Proof
Delict Civil Procedure Unlawful Assault Self Defence Damages for Personal Injury Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Lize Maleke

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether members of the South African Police Service wrongfully and unlawfully assaulted the plaintiff by spraying pepper spray and shooting him in the leg.
  2. 2 Whether the shooting by the police officer constituted self-defence.
  3. 3 Whether the plaintiff is entitled to damages for the alleged assault and shooting.

Ratio Decidendi

The court found the factual evidence, particularly the uncontested testimony of the crime scene technician, corroborated the defendant's version. The physical evidence at the scene, including the location of cartridges, the knife, and the stick, supported the police officer's account that the plaintiff pursued and attacked him with a knife and stick, necessitating self-defence. The court rejected the plaintiff's version as false, finding it improbable that the officer would fire three shots without provocation or that the knife would fall from a closed pouch. The court held that the police officer did not exceed the limits of self-defence, as the plaintiff posed a real and imminent...

Court Disposition

Plaintiff's action dismissed with costs.

Orders

  • The plaintiff’s action is dismissed with costs.