Nkoane v Minister of Police (3920/2020) [2023] ZAFSHC 33 (30 January 2023)

Nkoane v Minister of Police (3920/2020) [2023] ZAFSHC 33 (30 January 2023)

The court found the plaintiff's evidence credible and corroborated by a witness and medical report. The plaintiff was not part of the riotous crowd and was shot by the police while walking in her residential area. The police failed to adhere to protocol prohibiting shooting at the head or at persons running away, and did not take reasonable steps to avoid injuring the plaintiff. The defendant failed to discharge the onus of proving justification for the shooting. The police's conduct was wrongful and unlawful, rendering the defendant vicariously liable for the plaintiff's injuries.

Citation
[2023] ZAFSHC 33
Parties
Plaintiff: Tinny Geneva Nkoane; Defendant: Minister of Police
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
30 January 2023
Case Number
3920/2020
Procedural Posture
Delict Claim / Merits Only; Quantum Separated
Outcome
Judgment granted in favour of the plaintiff on the merits with costs.
Judges
N.S. Daniso
Legal Topics
Vicarious Liability, Wrongful and Unlawful Conduct, Bodily Integrity Infringement, Use of Force by Police, Negligence
Delict Civil Procedure Vicarious Liability Wrongful and Unlawful Conduct Bodily Integrity Infringement Use of Force by Police Negligence

Case Brief

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Parties

Tinny Geneva Nkoane

Plaintiff

Minister of Police

Defendant

Procedural Posture

Delict Claim / Merits Only; Quantum Separated

Legal Issues

  1. 1 Whether the plaintiff's injury was caused by the police firing rubber bullets.
  2. 2 Whether the police's conduct was wrongful and unlawful.
  3. 3 Whether the defendant is vicariously liable for the injuries sustained by the plaintiff.

Ratio Decidendi

The court found the plaintiff's evidence credible and corroborated by a witness and medical report. The plaintiff was not part of the riotous crowd and was shot by the police while walking in her residential area. The police failed to adhere to protocol prohibiting shooting at the head or at persons running away, and did not take reasonable steps to avoid injuring the plaintiff. The defendant failed to discharge the onus of proving justification for the shooting. The police's conduct was wrongful and unlawful, rendering the defendant vicariously liable for the plaintiff's injuries.

Court Disposition

Judgment granted in favour of the plaintiff on the merits with costs.

Orders

  • Judgment is granted in favour of the plaintiff on the merits with costs.