Ranoto and Others v City of Tshwane Metropolitan Municipality (56794/2020) [2024] ZAGPPHC 1278 (29 November 2024)

Ranoto and Others v City of Tshwane Metropolitan Municipality (56794/2020) [2024] ZAGPPHC 1278 (29 November 2024)

The court found that the Metro Police officers acted in self-defence and necessity when they fired at the red Clio. The fourth plaintiff was the first to shoot at the officers, creating an emergency that required an immediate and decisive response. The deceased failed to stop when signalled, contributing to the escalation. The evidence of the plaintiffs was found to be improbable and unsupported by objective facts or expert testimony. The officers' actions were reasonable in the circumstances, and the force used was justified. As there was no wrongful act, the dependants' claims for loss of support cannot succeed. The plaintiffs' claims are dismissed.

Citation
[2024] ZAGPPHC 1278
Parties
Plaintiff: Mosima Rebecca Ranoto; Plaintiff: Mosima Rebecca Ranoto obo DFFR; Plaintiff: Mosima Rebecca Ranoto obo OER; Plaintiff: Frans Rantokwane Ranoto; Defendant: The City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 November 2024
Case Number
56794/2020
Procedural Posture
Civil Trial / Merits Separated From Quantum; Judgment on Merits
Outcome
Plaintiffs' claims dismissed with costs.
Judges
M.R Moleleki
Legal Topics
Loss of Support, Necessity, Self Defence, Wrongful Act, Damages for Personal Injury
Delict Civil Procedure Loss of Support Necessity Self Defence Wrongful Act Damages for Personal Injury

Case Brief

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Parties

Mosima Rebecca Ranoto

Plaintiff

Mosima Rebecca Ranoto obo DFFR

Plaintiff

Mosima Rebecca Ranoto obo OER

Plaintiff

Frans Rantokwane Ranoto

Plaintiff

The City of Tshwane Metropolitan Municipality

Defendant

Procedural Posture

Civil Trial / Merits Separated From Quantum; Judgment on Merits

Legal Issues

  1. 1 Whether the Metro Police officers' shooting was justified by self-defence or necessity.
  2. 2 Whether the fourth plaintiff sustained injuries as alleged and is entitled to damages.
  3. 3 Whether the dependants' claim for loss of support can succeed absent a wrongful act.

Ratio Decidendi

The court found that the Metro Police officers acted in self-defence and necessity when they fired at the red Clio. The fourth plaintiff was the first to shoot at the officers, creating an emergency that required an immediate and decisive response. The deceased failed to stop when signalled, contributing to the escalation. The evidence of the plaintiffs was found to be improbable and unsupported by objective facts or expert testimony. The officers' actions were reasonable in the circumstances, and the force used was justified. As there was no wrongful act, the dependants' claims for loss of support cannot succeed. The plaintiffs' claims are dismissed.

Court Disposition

Plaintiffs' claims dismissed with costs.

Orders

  • Issues of quantum and liability are hereby separated.
  • The plaintiffs’ claim is dismissed with costs, such costs to include costs of counsel.