Modise v Minister of Police (1916/2017) [2023] ZANWHC 89 (22 June 2023)

Modise v Minister of Police (1916/2017) [2023] ZANWHC 89 (22 June 2023)

The court found that the plaintiff failed to discharge the onus of proving, on a balance of probabilities, that his abdominal wound was caused by a live bullet fired by a member of the SAPS. The plaintiff's evidence was contradictory and did not establish causation. The medical report relied upon was disputed and its author was not called to testify. The probabilities suggested that the injury could have been caused by means other than SAPS action, including by another member of the public during the violent protest. The plaintiff did not open a criminal or IPID complaint, and the nature and origin of the wound remained uncertain. Accordingly, the plaintiff's claim was dismissed.

Citation
[2023] ZANWHC 89
Parties
Plaintiff: Orapeleng Modise; Defendant: Minister of Police
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
22 June 2023
Case Number
1916/2017
Procedural Posture
Civil Trial / Merits Only; Quantum Separated
Outcome
Plaintiff's claim dismissed with costs.
Judges
FMM Reid, Snyman
Legal Topics
Onus of Proof, Bodily Integrity, Causation, Negligence, Damages for Personal Injury
Delict Civil Procedure Onus of Proof Bodily Integrity Causation Negligence Damages for Personal Injury

Case Brief

Summary, issues, holding and outcome

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Parties

Orapeleng Modise

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Merits Only; Quantum Separated

Legal Issues

  1. 1 Whether the plaintiff proved on a balance of probabilities that he was shot by a member of the SAPS with live ammunition.
  2. 2 Whether the injury suffered by the plaintiff was caused by the defendant.

Ratio Decidendi

The court found that the plaintiff failed to discharge the onus of proving, on a balance of probabilities, that his abdominal wound was caused by a live bullet fired by a member of the SAPS. The plaintiff's evidence was contradictory and did not establish causation. The medical report relied upon was disputed and its author was not called to testify. The probabilities suggested that the injury could have been caused by means other than SAPS action, including by another member of the public during the violent protest. The plaintiff did not open a criminal or IPID complaint, and the nature and origin of the wound remained uncertain. Accordingly, the plaintiff's claim was dismissed.

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The plaintiff's claim is dismissed with costs.