Petla v Minister of Safety and Security (2001/2007) [2010] ZAECPEHC 32 (17 June 2010)

Petla v Minister of Safety and Security (2001/2007) [2010] ZAECPEHC 32 (17 June 2010)

The court found, on the probabilities and the credibility of the witnesses, that the plaintiff was not attempting to flee or attack when he was shot by the police officer. The medical evidence supported the plaintiff's version that he was in the process of surrendering. The police officer's conduct in firing at the plaintiff was not justified or reasonable in the circumstances, and the defence of self-defence, necessity, or lack of negligence could not be sustained. The defendant failed to discharge the onus of proving lawful justification for the shooting. Accordingly, the defendant is liable for damages arising from the plaintiff's injuries.

Citation
[2010] ZAECPEHC 32
Parties
Plaintiff: Freddie Petla; Defendant: Minister of Safety and Security
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
17 June 2010
Case Number
2001/2007
Procedural Posture
Civil Liability / Liability Separated From Quantum; Judgment on Liability Only
Outcome
Defendant found liable for damages arising from the shooting of the plaintiff.
Judges
Grogan
Legal Topics
Vicarious Liability, Negligent Discharge of Firearm, Excessive Use of Force, Section 49 Criminal Procedure Act
Delict Civil Procedure Vicarious Liability Negligent Discharge of Firearm Excessive Use of Force Section 49 Criminal Procedure Act

Case Brief

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Parties

Freddie Petla

Plaintiff

Minister of Safety and Security

Defendant

Procedural Posture

Civil Liability / Liability Separated From Quantum; Judgment on Liability Only

Legal Issues

  1. 1 Whether the police officer's shooting of the plaintiff was justified or reasonable under the circumstances.
  2. 2 Whether the defendant is vicariously liable for the actions of the police officer.
  3. 3 Whether the use of force was excessive and unlawful.

Ratio Decidendi

The court found, on the probabilities and the credibility of the witnesses, that the plaintiff was not attempting to flee or attack when he was shot by the police officer. The medical evidence supported the plaintiff's version that he was in the process of surrendering. The police officer's conduct in firing at the plaintiff was not justified or reasonable in the circumstances, and the defence of self-defence, necessity, or lack of negligence could not be sustained. The defendant failed to discharge the onus of proving lawful justification for the shooting. Accordingly, the defendant is liable for damages arising from the plaintiff's injuries.

Court Disposition

Defendant found liable for damages arising from the shooting of the plaintiff.

Orders

  • Defendant is liable for such damages as the plaintiff is able to prove in due course.
  • Plaintiff is entitled to costs of the proceedings to date, including qualifying fees of Dr Jameson.