Lehlehla v Minister of Police (13151/2014)
Lehlehla v Minister of Police (13151/2014) [2022] ZAWCHC 235; [2023] 1 All SA 438 (WCC) (17 November 2022)
The court found that the SAPS members were justified in firing rubber bullets due to necessity. They were hopelessly outnumbered by a violent crowd, had no access to alternative crowd control methods such as teargas or water cannons, and were compelled to act to protect life and property. The firing was not random or directed at the crowd but into the ground as trained, and there was no evidence of excessive force or direct targeting. The plaintiff, by entering the area of protest despite clear signs of unrest and gunfire, voluntarily assumed the risk of injury. The pleaded case did not estab…
Source excerpt
- Necessity
- Police Use Of Force
- Voluntary Assumption Of Risk
- Contributory Negligence
- Crowd Control
- Rubber Bullet Injury