South Africa Case Law

Engelbrecht v City of Tshwane Metropolitan Municipality (75626/2016)

Engelbrecht v City of Tshwane Metropolitan Municipality (75626/2016) [2020] ZAGPPHC 776 (29 December 2020)

Court

North Gauteng High Court, Pretoria

Case number

75626/2016

Judge

Gumbi

The court found that the plaintiff was the author of his own misfortune, having failed to stop after two collisions and having engaged in a physical altercation with Officer Mapatshoe. The officer had reasonable grounds to suspect the plaintiff of offences and acted to effect a lawful arrest. The discharge of the firearm occurred during a struggle, and the evidence supported the officer's version that he acted in self-defence and did not intentionally shoot the plaintiff. The plaintiff's conduct exposed him to foreseeable risks, and the requirements for the defences of self-defence and necess…

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• Assault By Police Officer
• Self Defence
• Necessity
• Volenti Non Fit Iniuria
• Liability For Police Actions

Minister of Safety and Security v Msi (273/2018)

Minister of Safety and Security v Msi (273/2018) [2019] ZASCA 26 (28 March 2019)

Court

Supreme Court of Appeal

Case number

273/2018

Judges

Navsa, Majiedt, Mathopo, Schippers, Eksteen

The Supreme Court of Appeal held that the Minister of Safety and Security was not vicariously liable for the assault committed by Thambo, a police officer, during a private meeting unrelated to police duties. The court found that Thambo attended the meeting for personal reasons, not in furtherance of police business, and Ms Msi did not place trust in him as a police officer but as a friend. The use of police uniform, vehicle, and handcuffs did not create a sufficient connection to his employment. The court emphasized that vicarious liability requires a sufficiently close link between the wron…

Source excerpt

• Vicarious Liability
• Deviation Cases
• Assault By Police Officer
• Sufficient Connection Test

Nyambe v Minister of Safety and Security (Police) (47317/2012)

Nyambe v Minister of Safety and Security (Police) (47317/2012) [2014] ZAGPPHC 900 (14 November 2014)

Court

North Gauteng High Court, Pretoria

Case number

47317/2012

Judge

E.M. Kubushi

The High Court found the plaintiff proved on probabilities that a police officer assaulted her and held the defendant vicariously liable, awarding costs and damages.

• Vicarious Liability
• Assault By Police Officer
• Single Witness Evidence
• Credibility Assessment
• Vicarious-liability
• Police-assault

King v Minister of Police (EL: 801/10, ECD: 1701/10)

King v Minister of Police (EL: 801/10, ECD: 1701/10) [2012] ZAECELLC 8 (15 May 2012)

Court

Eastern Cape High Court, East London Local Court

Case number

EL: 801/10, ECD: 1701/10

Judge

J.E Smith

High Court damages award for a public assault by a police officer, where the plaintiff received R140,000 in general damages after humiliation and bodily injury.

• Assault By Police Officer
• General Damages
• Contumelia
• Constitutional Rights Violation
• Police-assault
• General-damages

Van Rhyner v Minister of Safety and Security (3091/09)

Van Rhyner v Minister of Safety and Security (3091/09) [2011] ZAECGHC 4 (24 February 2011)

Court

Eastern Cape High Court, Grahamstown

Case number

3091/09

Judge

Y Ebrahim

A claim for damages arising from alleged police assault was dismissed after the court found the plaintiff and his witness unreliable and untruthful.

• Assault By Police Officer
• Onus Of Proof
• Credibility Of Witnesses
• Damages For Personal Injury
• Delict
• Police-assault