Mokete v Minister Of Safety And Security [2023] ZAGPPHC 229; 36727/2008 (29 March 2023)

Mokete v Minister Of Safety And Security [2023] ZAGPPHC 229; 36727/2008 (29 March 2023)

The court found that the plaintiff sustained an incomplete spinal cord injury due to police gunfire, resulting in significant but not total loss of mobility and independence. In assessing general damages, the court compared the plaintiff's condition to prior cases, noting that his injuries were less severe than those in Nokemane and Motloung, but comparable to Fortuin. The court exercised its discretion and awarded R950,000 for general damages. Regarding loss of earnings, the court held that the plaintiff failed to provide sufficient evidence or corroboration of his alleged income, and thus did not prove this head of damages. For future medical and living expenses, the parties agreed on...

Citation
[2023] ZAGPPHC 229
Parties
Plaintiff: Kotsane Bizza Mokete; Defendant: Minister Of Safety And Security
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 March 2023
Case Number
36727/2008
Procedural Posture
Civil Trial / Quantum Determination After Merits Conceded
Outcome
Plaintiff partially succeeds: awarded general damages and future medical/living expenses; absolution from the instance on loss of earnings.
Judges
Nyathi
Legal Topics
Police Shooting, Quantum of Damages, General Damages, Future Medical Expenses
Delict Police Shooting Quantum of Damages General Damages Future Medical Expenses

Case Brief

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Parties

Kotsane Bizza Mokete

Plaintiff

Minister Of Safety And Security

Defendant

Procedural Posture

Civil Trial / Quantum Determination After Merits Conceded

Legal Issues

  1. 1 What is the appropriate quantum of general damages for the plaintiff's incomplete spinal cord injury caused by police gunfire.
  2. 2 Has the plaintiff proved his claim for past and future loss of earnings on a balance of probabilities.
  3. 3 What contingency should be applied to the agreed amount for future medical and living expenses.

Ratio Decidendi

The court found that the plaintiff sustained an incomplete spinal cord injury due to police gunfire, resulting in significant but not total loss of mobility and independence. In assessing general damages, the court compared the plaintiff's condition to prior cases, noting that his injuries were less severe than those in Nokemane and Motloung, but comparable to Fortuin. The court exercised its discretion and awarded R950,000 for general damages. Regarding loss of earnings, the court held that the plaintiff failed to provide sufficient evidence or corroboration of his alleged income, and thus did not prove this head of damages. For future medical and living expenses, the parties agreed on...

Court Disposition

Plaintiff partially succeeds: awarded general damages and future medical/living expenses; absolution from the instance on loss of earnings.

Orders

  • Plaintiff is awarded R950,000 for general damages.
  • Plaintiff's claim for loss of earnings is dismissed; absolution from the instance is granted on this head.