Z.N obo C.N v Minister of Police (63901/2021) [2024] ZAGPPHC 1245 (22 November 2024)

Z.N obo C.N v Minister of Police (63901/2021) [2024] ZAGPPHC 1245 (22 November 2024)

The court found that the SAPS officer fired warning shots into a crowd during a protest without sufficient justification or imminent threat to life. The officer failed to account for where the bullets landed and did not follow established protocols for the use of force in crowd management. The evidence showed that only SAPS officers were present at the time of the shooting, and the plaintiff's witnesses provided consistent and corroborative testimony. The officer's actions were grossly negligent, reckless, and disproportionate, constituting a breach of the duty of care owed to the community. The defendant's denial was unsupported by credible evidence, and the court held the Minister of...

Citation
[2024] ZAGPPHC 1245
Parties
Plaintiff: Z.N obo C.N; Defendant: Minister of Police
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 November 2024
Case Number
63901/2021
Procedural Posture
Civil Trial / Liability on Merits Only
Outcome
The defendant is held liable for the plaintiff's proven or agreed damages. Quantum is postponed sine die. Costs are costs in the course.
Judges
Leso
Legal Topics
Vicarious Liability, Negligence, State Liability Act, Use of Force by Police, Crowd Management, Damages for Personal Injury
Delict Civil Procedure Vicarious Liability Negligence State Liability Act Use of Force by Police Crowd Management Damages for Personal Injury

Case Brief

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Parties

Z.N obo C.N

Plaintiff

Minister of Police

Defendant

Procedural Posture

Civil Trial / Liability on Merits Only

Legal Issues

  1. 1 Whether the members of the South African Police Service are liable for damages suffered by the minor on 24 July 2020.
  2. 2 Whether the police officer acted negligently in firing warning shots during a protest, resulting in injury to the minor.
  3. 3 Whether the defendant's denial of liability is supported by the evidence.

Ratio Decidendi

The court found that the SAPS officer fired warning shots into a crowd during a protest without sufficient justification or imminent threat to life. The officer failed to account for where the bullets landed and did not follow established protocols for the use of force in crowd management. The evidence showed that only SAPS officers were present at the time of the shooting, and the plaintiff's witnesses provided consistent and corroborative testimony. The officer's actions were grossly negligent, reckless, and disproportionate, constituting a breach of the duty of care owed to the community. The defendant's denial was unsupported by credible evidence, and the court held the Minister of...

Court Disposition

The defendant is held liable for the plaintiff's proven or agreed damages. Quantum is postponed sine die. Costs are costs in the course.

Orders

  • The defendant is liable for the plaintiff's proven or agreed damages.
  • Quantum is postponed sine die.