Samorah v Minister of Police (81324/2017) [2024] ZAGPPHC 766 (31 July 2024)

Samorah v Minister of Police (81324/2017) [2024] ZAGPPHC 766 (31 July 2024)

The court found that the plaintiff and his brother were credible witnesses whose testimony was corroborated by medical evidence and the circumstances of the protest. The defendant's witnesses had no knowledge of the incident and could not rebut the plaintiff's version. The presence of SAPS units in the area and the absence of evidence from the Secunda public order police unit was fatal to the defendant's case. The court concluded that the plaintiff was shot by a SAPS member with a rubber bullet, causing the injury to his right eye. The conduct was wrongful and negligent, and the defendant is vicariously liable for the plaintiff's damages.

Citation
[2024] ZAGPPHC 766
Parties
Plaintiff: Nkosi Doctor Samorah; Defendant: Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 July 2024
Case Number
81324/2017
Procedural Posture
Delictual Action / Merits Only
Outcome
Judgment for the plaintiff on the merits; defendant liable for 100% of proven or agreed damages; costs awarded to plaintiff; quantum postponed sine die.
Judges
Matthys
Legal Topics
Vicarious Liability, Wrongful Conduct, Negligence, Personal Injury, Police Misconduct
Delict Vicarious Liability Wrongful Conduct Negligence Personal Injury Police Misconduct

Case Brief

Summary, issues, holding and outcome

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Parties

Nkosi Doctor Samorah

Plaintiff

Minister of Police

Defendant

Procedural Posture

Delictual Action / Merits Only

Legal Issues

  1. 1 Whether the plaintiff was shot and injured by a member of the South African Police Service on 24 August 2016.
  2. 2 Whether the conduct of the police officer was wrongful and negligent.
  3. 3 Whether the defendant is vicariously liable for the plaintiff's injuries.

Ratio Decidendi

The court found that the plaintiff and his brother were credible witnesses whose testimony was corroborated by medical evidence and the circumstances of the protest. The defendant's witnesses had no knowledge of the incident and could not rebut the plaintiff's version. The presence of SAPS units in the area and the absence of evidence from the Secunda public order police unit was fatal to the defendant's case. The court concluded that the plaintiff was shot by a SAPS member with a rubber bullet, causing the injury to his right eye. The conduct was wrongful and negligent, and the defendant is vicariously liable for the plaintiff's damages.

Court Disposition

Judgment for the plaintiff on the merits; defendant liable for 100% of proven or agreed damages; costs awarded to plaintiff; quantum postponed sine die.

Orders

  • The defendant is liable for 100% of the plaintiff's proven or agreed damages.
  • The defendant is ordered to pay the costs on Scale A.