Phatlane v Minister of Safety and Security (06/2008) [2012] ZAFSHC 34 (1 March 2012)

Phatlane v Minister of Safety and Security (06/2008) [2012] ZAFSHC 34 (1 March 2012)

The court found that the plaintiff failed to discharge the onus of proof required to establish that the police acted unlawfully. The evidence indicated that the plaintiff was the aggressor during both incidents, attacking police officers with a knife and causing them to retreat. The police officers' version was accepted as more probable, supported by physical evidence and the testimony of the forensic pathologist. The court held that the police acted in self-defence during the second incident, using reasonable force to repel the plaintiff's attack. The plaintiff's claim that he was shot while asleep was not supported by credible evidence. Accordingly, the plaintiff's claim for damages was...

Citation
[2012] ZAFSHC 34
Parties
Plaintiff: Reginald Edgar Kelly Phatlane; Defendant: Minister of Safety and Security
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 March 2012
Case Number
06/2008
Procedural Posture
Civil Trial / Merits Only; Quantum Separated Under Rule 33(4)
Outcome
Plaintiff's claim dismissed with costs.
Judges
Naidoo
Legal Topics
Assault by Police, Self Defence, Onus of Proof, Damages for Injuries
Delict Civil Procedure Assault by Police Self Defence Onus of Proof Damages for Injuries

Case Brief

Summary, issues, holding and outcome

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Parties

Reginald Edgar Kelly Phatlane

Plaintiff

Minister of Safety and Security

Defendant

Procedural Posture

Civil Trial / Merits Only; Quantum Separated Under Rule 33(4)

Legal Issues

  1. 1 Whether the police officials unlawfully assaulted and shot the plaintiff during the incidents in question.
  2. 2 Whether the police acted in self-defence when shooting the plaintiff.
  3. 3 Whether the plaintiff discharged the onus of proof to establish liability for damages.

Ratio Decidendi

The court found that the plaintiff failed to discharge the onus of proof required to establish that the police acted unlawfully. The evidence indicated that the plaintiff was the aggressor during both incidents, attacking police officers with a knife and causing them to retreat. The police officers' version was accepted as more probable, supported by physical evidence and the testimony of the forensic pathologist. The court held that the police acted in self-defence during the second incident, using reasonable force to repel the plaintiff's attack. The plaintiff's claim that he was shot while asleep was not supported by credible evidence. Accordingly, the plaintiff's claim for damages was...

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The plaintiff’s claim is dismissed with costs.