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South Africa Case Law

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Delict [2024] ZAGPPHC 1245

Z.N obo C.N v Minister of Police (63901/2021)

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

Court
North Gauteng High Court, Pretoria
Case number
63901/2021
Judge
Leso

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.…

Source excerpt

  • Vicarious Liability
  • Negligence
  • State Liability Act
  • Use Of Force By Police
  • Crowd Management
  • Damages For Personal Injury
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Delict [2017] ZAWCHC 33

Mandhlaami v Minister of Police (7279/2013)

Mandhlaami v Minister of Police (7279/2013) [2017] ZAWCHC 33 (29 March 2017)

Court
Western Cape High Court, Cape Town
Case number
7279/2013
Judge
Gamble

The court found that the police were lawfully deployed to restore public order during a violent and destructive strike in the Hex River Valley. The use of rubber bullets was justified as less forceful methods had proved ineffective or were unavailable. The police acted in accordance with statutory and standing order requirements, using force only when necessary and in a measured manner. The plaintiff's evidence regarding his whereabouts and conduct was questionable, but there was no direct evidence to contradict his claim that he was shot while not participating in the protest. Nevertheless,…

Source excerpt

  • Public Order Policing
  • Use Of Force
  • Necessity
  • Voluntary Assumption Of Risk
  • Rubber Bullet Injury
  • Crowd Management
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.