Xuma v Minister of Police (2484/2021) [2024] ZAFSHC 124 (25 April 2024)

Xuma v Minister of Police (2484/2021) [2024] ZAFSHC 124 (25 April 2024)

The court found, on a balance of probabilities, that the plaintiff was injured by a rubber bullet fired by a police officer during a protest, while he was on private property and not participating in the protest. The defendant failed to call material witnesses from the second Nyala and did not provide expert evidence to support its alternative version. The defence of volenti non fit injuria was raised too late and not substantiated by evidence; the plaintiff did not foresee or consent to the risk of being shot. The conduct of the police was wrongful and negligent, as they fired rubber bullets in close proximity to residential dwellings without adequate warning, disregarding the safety of...

Citation
[2024] ZAFSHC 124
Parties
Plaintiff: Siyasanga Oko Xuma; Defendant: Minister of Police
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 April 2024
Case Number
2484/2021
Procedural Posture
Civil Trial / Merits Only; Quantum Separated and Postponed
Outcome
Defendant found liable for 100% of plaintiff's proven or agreed damages; costs awarded to plaintiff; quantum postponed sine die.
Judges
Gusha, AJ
Legal Topics
Negligence, Wrongfulness, Volenti Non Fit Injuria, Police Liability, Personal Injury
Delict Civil Procedure Negligence Wrongfulness Volenti Non Fit Injuria Police Liability Personal Injury

Case Brief

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Parties

Siyasanga Oko Xuma

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Merits Only; Quantum Separated and Postponed

Legal Issues

  1. 1 Whether the plaintiff's injury was caused by the conduct of police officers acting within the scope of their employment.
  2. 2 Whether the conduct of the police officers was wrongful and negligent.
  3. 3 Whether the defence of volenti non fit injuria applies to the plaintiff's conduct.

Ratio Decidendi

The court found, on a balance of probabilities, that the plaintiff was injured by a rubber bullet fired by a police officer during a protest, while he was on private property and not participating in the protest. The defendant failed to call material witnesses from the second Nyala and did not provide expert evidence to support its alternative version. The defence of volenti non fit injuria was raised too late and not substantiated by evidence; the plaintiff did not foresee or consent to the risk of being shot. The conduct of the police was wrongful and negligent, as they fired rubber bullets in close proximity to residential dwellings without adequate warning, disregarding the safety of...

Court Disposition

Defendant found liable for 100% of plaintiff's 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, including the cost of one counsel.