Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Delict [2019] ZANWHC 51

Phawe and Others v Minister of Police (1403; 1404/2016; 1405/2016)

Phawe and Others v Minister of Police (1403; 1404/2016; 1405/2016) [2019] ZANWHC 51 (28 November 2019)

Court
North West High Court, Mafikeng
Case number
1403/2016; 1404/2016; 1405/2016
Judge
N G Laubscher

The court found that the defendant, having admitted the assault, bore the onus to prove its lawfulness. The evidence established that a court order existed requiring striking workers to remain 500 meters from Botshelo Mills, and that the police conveyed this order to union representatives, who were instructed to inform the workers. The police initially used non-lethal methods (stun grenade, teargas) to disperse the crowd, but only resorted to firing rubber bullets after the situation escalated to lawlessness, including road blockages, arson, and attacks on motorists and police. The court acce…

Source excerpt

  • Assault By Police
  • Defence Of Necessity
  • Onus Of Proof
  • Public Order Policing
  • Damages For Injury
Read case analysis
Delict [2011] ZAGPPHC 180

Dookhi v Troskie (23114/2010)

Dookhi v Troskie (23114/2010) [2011] ZAGPPHC 180 (30 September 2011)

Court
North Gauteng High Court, Pretoria
Case number
23114/2010
Judge
T M Makgoka

The court found that although the defendant may have genuinely believed the plaintiff posed a threat after the initial altercation, once inside his house, the danger was no longer imminent. The defendant had reasonable alternatives, such as remaining inside and waiting for police or armed response, or firing a warning shot, rather than shooting the plaintiff. The plaintiff's presence outside the defendant's property did not constitute imminent danger, and the defendant failed to discharge the onus of proving that the shooting was justified as self-defence. Therefore, the defendant's conduct w…

Source excerpt

  • Self Defence
  • Bodily Integrity
  • Onus Of Proof
  • Damages For Injury
Read case analysis

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.