Nomgejo v Minister of Safety & Security (520/07) [2019] ZAECMHC 52 (19 September 2019)

Nomgejo v Minister of Safety & Security (520/07) [2019] ZAECMHC 52 (19 September 2019)

The court found that the plaintiff was unlawfully shot and injured by two police officers in Tsolo, whose conduct was wrongful and without justification. The evidence of the plaintiff and his witness was credible and corroborated, while the defendant's evidence regarding the absence of a report was irrelevant and unreliable. The police officials acted in their capacity as employees of the Department of Safety and Security, making the defendant vicariously liable for their conduct. The plaintiff discharged the onus of proof required for liability, and the defendant is held liable to compensate the plaintiff for damages suffered as a result of the wrongful shooting.

Citation
[2019] ZAECMHC 52
Parties
Plaintiff: Zanoxolo Nomgejo; Defendant: Minister of Safety & Security
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
19 September 2019
Case Number
520/07
Procedural Posture
Civil Trial / Merits and Liability Separated; Determination of Liability Only
Outcome
Defendant held liable for damages arising from the wrongful shooting of the plaintiff.
Judges
Nhlangulela
Legal Topics
Vicarious Liability, Wrongful Assault, State Liability Act, Animus Injuriandi
Delict Vicarious Liability Wrongful Assault State Liability Act Animus Injuriandi

Case Brief

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Parties

Zanoxolo Nomgejo

Plaintiff

Minister of Safety & Security

Defendant

Procedural Posture

Civil Trial / Merits and Liability Separated; Determination of Liability Only

Legal Issues

  1. 1 Whether the plaintiff was unlawfully assaulted and shot by members of the South African Police.
  2. 2 Whether the defendant is vicariously liable for the wrongful conduct of police officials.
  3. 3 Whether the plaintiff discharged the onus of proof regarding liability for damages.

Ratio Decidendi

The court found that the plaintiff was unlawfully shot and injured by two police officers in Tsolo, whose conduct was wrongful and without justification. The evidence of the plaintiff and his witness was credible and corroborated, while the defendant's evidence regarding the absence of a report was irrelevant and unreliable. The police officials acted in their capacity as employees of the Department of Safety and Security, making the defendant vicariously liable for their conduct. The plaintiff discharged the onus of proof required for liability, and the defendant is held liable to compensate the plaintiff for damages suffered as a result of the wrongful shooting.

Court Disposition

Defendant held liable for damages arising from the wrongful shooting of the plaintiff.

Orders

  • The defendant is held liable to pay such amount of damages as may be proved for the wrongful shooting of the plaintiff at Tsolo on 7 October 2006.
  • The trial costs incurred in determining the issue of liability, including all reserved costs, shall be paid by the defendant.