South Africa Case Law

Gunter v Minister of Police (4222/2021)

Gunter v Minister of Police (4222/2021) [2024] ZAFSHC 392; [2025] 1 All SA 352 (FB) (29 November 2024)

Court

Free State High Court, Bloemfontein

Case number

4222/2021

Judge

Van Rhyn

The court found that the SAPS member's conduct in detonating a stun grenade near the plaintiff was wrongful and negligent. The evidence, including video footage and credible witness testimony, established that no dangerous situation existed at the time of the incident. The defendant failed to discharge the onus of proving justification by necessity or that the plaintiff voluntarily assumed the risk. The harm to the plaintiff was foreseeable and avoidable, and the SAPS member breached the duty to act reasonably towards the public. The defendant is vicariously liable for the actions of the SAPS…

Source excerpt

• Police Liability
• Wrongful And Negligent Conduct
• Personal Injury
• Assault By State Actor
• Quantum Of Damages

Ngwenya v Minister of Safety and Security (2006/22220)

Ngwenya v Minister of Safety and Security (2006/22220) [2012] ZAGPJHC 212 (24 October 2012)

Court

South Gauteng High Court, Johannesburg

Case number

2006/22220

Judge

Whitcutt

A High Court found the police unlawfully shot the plaintiff during a pursuit and held the Minister vicariously liable for agreed damages and costs.

• Unlawful Police Conduct
• Assault By State Actor
• Vicarious Liability
• Use Of Force In Arrest
• Unlawful-police-conduct
• Assault-by-state-actor