Ndlovu v Minister of Police (65/2018; 180/2018) [2022] ZAMPMBHC 13 (15 March 2022)

Ndlovu v Minister of Police (65/2018; 180/2018) [2022] ZAMPMBHC 13 (15 March 2022)

The court found that the defendant failed to discharge the onus of proving that the shooting of the first plaintiff was justified as self-defence. The evidence did not establish that the first plaintiff posed an imminent threat to the police officers, and the probabilities favoured the plaintiffs' version of events. The shooting was found to be an overreaction by Constable Mavuso, who acted in panic rather than necessity. Regarding the second plaintiff, the court held that no evidence was presented to prove a detectable psychiatric injury resulting from witnessing the shooting or being ordered to handcuff the first plaintiff. The second plaintiff performed the handcuffing willingly and...

Citation
[2022] ZAMPMBHC 13
Parties
Plaintiff: Charles Ndlovu; Plaintiff: Zwelakhe Simange Nyambi; Defendant: Minister of Police
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
15 March 2022
Case Number
65/2018; 180/2018
Procedural Posture
Civil Trial / Merits Only; Consolidated Actions
Outcome
The defendant is held liable for the damages suffered by the first plaintiff as a result of the shooting. The second plaintiff's claim is dismissed with costs.
Judges
Sieberhagen
Legal Topics
Unlawful Police Shooting, Self Defence, Emotional Shock, Detectable Psychiatric Injury, Onus of Proof
Delict Civil Procedure Unlawful Police Shooting Self Defence Emotional Shock Detectable Psychiatric Injury Onus of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Charles Ndlovu

Plaintiff

Zwelakhe Simange Nyambi

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Merits Only; Consolidated Actions

Legal Issues

  1. 1 Whether the shooting of the first plaintiff by a police officer was justified as self-defence.
  2. 2 Whether the second plaintiff suffered a detectable psychiatric injury as a result of witnessing the shooting and being ordered to handcuff the first plaintiff.
  3. 3 Whether the defendant discharged the onus to prove justification for the shooting on a balance of probabilities.

Ratio Decidendi

The court found that the defendant failed to discharge the onus of proving that the shooting of the first plaintiff was justified as self-defence. The evidence did not establish that the first plaintiff posed an imminent threat to the police officers, and the probabilities favoured the plaintiffs' version of events. The shooting was found to be an overreaction by Constable Mavuso, who acted in panic rather than necessity. Regarding the second plaintiff, the court held that no evidence was presented to prove a detectable psychiatric injury resulting from witnessing the shooting or being ordered to handcuff the first plaintiff. The second plaintiff performed the handcuffing willingly and...

Court Disposition

The defendant is held liable for the damages suffered by the first plaintiff as a result of the shooting. The second plaintiff's claim is dismissed with costs.

Orders

  • The defendant is held liable for the damages that the first plaintiff may prove, suffered as a consequence of being shot by Constable Mavuso on 23 April 2017.
  • The defendant is ordered to pay the first plaintiff's costs.