Nomnganga v Minister of Police , RSA (2981/2019) [2023] ZAECMHC 10 (14 March 2023)

Nomnganga v Minister of Police , RSA (2981/2019) [2023] ZAECMHC 10 (14 March 2023)

The court found that the defendant failed to discharge the onus of proving that the shooting was justified as self-defence. The evidence of Sgt Mantusi was contradictory and unconvincing, particularly regarding whether the plaintiff pointed a firearm at him. Key witnesses who could have corroborated the defendant's version were not called, and adverse inferences were drawn from their absence. The plaintiff's version, supported by an independent witness, was consistent and credible. The court concluded that the shooting of the plaintiff was wrongful and unlawful, and the defendant is liable for damages resulting from the incident.

Citation
[2023] ZAECMHC 10
Parties
Plaintiff: Siyanda Nomnganga; Defendant: Minister of Police, RSA
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
14 March 2023
Case Number
2981/2019
Procedural Posture
Civil Trial / Liability Only; Quantum Separated by Agreement
Outcome
The defendant is held liable for any proven damages suffered by the plaintiff as a result of the shooting. Costs awarded to the plaintiff.
Judges
Notyesi
Legal Topics
Wrongful Shooting, Self Defence, Onus of Proof, Police Liability, Damages, Credibility of Witnesses
Delict Civil Procedure Wrongful Shooting Self Defence Onus of Proof Police Liability Damages Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Siyanda Nomnganga

Plaintiff

Minister of Police, RSA

Defendant

Procedural Posture

Civil Trial / Liability Only; Quantum Separated by Agreement

Legal Issues

  1. 1 Whether the shooting of the plaintiff by a police officer was lawful or justified in self-defence.
  2. 2 Whether the defendant discharged the onus to prove self-defence.
  3. 3 Whether the plaintiff pointed a firearm at the police officer.

Ratio Decidendi

The court found that the defendant failed to discharge the onus of proving that the shooting was justified as self-defence. The evidence of Sgt Mantusi was contradictory and unconvincing, particularly regarding whether the plaintiff pointed a firearm at him. Key witnesses who could have corroborated the defendant's version were not called, and adverse inferences were drawn from their absence. The plaintiff's version, supported by an independent witness, was consistent and credible. The court concluded that the shooting of the plaintiff was wrongful and unlawful, and the defendant is liable for damages resulting from the incident.

Court Disposition

The defendant is held liable for any proven damages suffered by the plaintiff as a result of the shooting. Costs awarded to the plaintiff.

Orders

  • Issues of quantum and liability are separated by agreement.
  • The conduct of the defendant's member in shooting and injuring the plaintiff is declared wrongful and unlawful.