Nkosi v Minister of Police (2706/2017) [2025] ZAMPMBHC 68 (1 August 2025)

Nkosi v Minister of Police (2706/2017) [2025] ZAMPMBHC 68 (1 August 2025)

The court found that the plaintiff was customarily married to the deceased, supported by documentary and oral evidence. Even if the marriage was not formally concluded, the relationship was akin to a common-law partnership with reciprocal support. The evidence established that the deceased was shot and killed by a police officer, Constable Thabethe, during a protest, based on eyewitness testimony and the IPID investigation. The defendant, as employer, was vicariously liable for the wrongful act of its employee. The plaintiff proved, on a balance of probabilities, her entitlement to compensation for loss of support. The quantum was determined by actuarial evidence and the court awarded...

Citation
[2025] ZAMPMBHC 68
Parties
Plaintiff: Fortunate Josephina Nkosi; Defendant: Minister of Police
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
1 August 2025
Case Number
2706/2017
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff's claim for loss of support is upheld. Judgment is granted in favour of the plaintiff.
Judges
Shai
Legal Topics
Loss of Support, Vicarious Liability, Customary Marriage, Quantification of Damages
Delict Civil Procedure Loss of Support Vicarious Liability Customary Marriage Quantification of Damages

Case Brief

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Parties

Fortunate Josephina Nkosi

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the plaintiff established a qualifying relationship with the deceased for compensation for loss of support.
  2. 2 Whether the deceased was killed by a shot fired by Constable Thabethe, an employee of the defendant.

Ratio Decidendi

The court found that the plaintiff was customarily married to the deceased, supported by documentary and oral evidence. Even if the marriage was not formally concluded, the relationship was akin to a common-law partnership with reciprocal support. The evidence established that the deceased was shot and killed by a police officer, Constable Thabethe, during a protest, based on eyewitness testimony and the IPID investigation. The defendant, as employer, was vicariously liable for the wrongful act of its employee. The plaintiff proved, on a balance of probabilities, her entitlement to compensation for loss of support. The quantum was determined by actuarial evidence and the court awarded...

Court Disposition

Plaintiff's claim for loss of support is upheld. Judgment is granted in favour of the plaintiff.

Orders

  • The defendant is ordered to pay the plaintiff R1,450,000.
  • The defendant is ordered to pay the costs of suit, including costs of counsel, on a party and party scale.