Serapelo v Minister of Police (1626/2017) [2024] ZANWHC 57 (1 March 2024)

Serapelo v Minister of Police (1626/2017) [2024] ZANWHC 57 (1 March 2024)

The court found that the Plaintiff failed to prove negligence or wrongfulness on the part of the Defendant. The evidence established that the police officer, Sergeant Funde, fired rubber bullets to disperse a violent crowd that was pelting stones at police officers and fire fighters, acting in self-defence and to protect state property. The Plaintiff was not intentionally targeted, and the firing of the rubber bullets was justified under the circumstances. The police officer's conduct was reasonable given the imminent threat, and there were no other reasonable measures available to prevent harm. The Plaintiff did not dispute the existence of violent conduct by the crowd, nor did he...

Citation
[2024] ZANWHC 57
Parties
Plaintiff: Karabelo Serapelo; Defendant: Minister of Police
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
1 March 2024
Case Number
1626/2017
Procedural Posture
Civil Trial / Merits Separated From Quantum; Trial on Liability Only
Outcome
Plaintiff's claim dismissed; each party to pay its own costs.
Judges
M S Moagi
Legal Topics
Negligence, Wrongful Conduct, Justification, Public Order Policing, Patrimonial Damages
Delict Negligence Wrongful Conduct Justification Public Order Policing Patrimonial Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Karabelo Serapelo

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Merits Separated From Quantum; Trial on Liability Only

Legal Issues

  1. 1 Whether the police officer who shot the Plaintiff with a rubber bullet acted negligently and wrongfully.
  2. 2 Whether the police officer was justified in firing the rubber bullet which injured the Plaintiff.

Ratio Decidendi

The court found that the Plaintiff failed to prove negligence or wrongfulness on the part of the Defendant. The evidence established that the police officer, Sergeant Funde, fired rubber bullets to disperse a violent crowd that was pelting stones at police officers and fire fighters, acting in self-defence and to protect state property. The Plaintiff was not intentionally targeted, and the firing of the rubber bullets was justified under the circumstances. The police officer's conduct was reasonable given the imminent threat, and there were no other reasonable measures available to prevent harm. The Plaintiff did not dispute the existence of violent conduct by the crowd, nor did he...

Court Disposition

Plaintiff's claim dismissed; each party to pay its own costs.

Orders

  • The Plaintiff’s claim is dismissed.
  • Each party to pay its own costs.