South Africa Case Law

Theron and Others v Minister of Police and Others (1082/2016)

Theron and Others v Minister of Police and Others (1082/2016) [2020] ZALMPPHC 26 (20 May 2020)

Court

Limpopo High Court, Polokwane

Case number

1082/2016

Judge

Makgoba

The court found that the police officers owed a legal duty of care to the deceased and the Plaintiffs, arising from both statutory and constitutional obligations. The medical evidence established that the deceased died from asphyxia due to manual strangulation, with injuries consistent with excessive force applied to the neck. The police failed to rebut the prima facie medical evidence and provided only bare denials, which the court found improbable given the circumstances and number of officers present. The court held that the police acted wrongfully and negligently by using excessive and de…

Source excerpt

• Wrongful Death
• Negligence
• Duty Of Care
• Excessive Force
• Emotional Shock
• Loss Of Support

Moepi v Minister of Police (36025/2014)

Moepi v Minister of Police (36025/2014) [2017] ZAGPJHC 446 (20 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

36025/2014

Judge

FHD Van Oosten

The High Court dismissed a damages claim after finding a police officer was justified in shooting the plaintiff in self-defence and to protect others.

• Self Defence
• Private Defence
• Excessive Force
• Malicious Arrest
• Malicious Detention
• Self-defence

Minister of Police and Another v Daniels (A110/15, 23186/07)

Minister of Police and Another v Daniels (A110/15, 23186/07) [2016] ZAWCHC 65 (1 June 2016)

Court

Western Cape High Court, Cape Town

Case number

A110/15, 23186/07

Judges

Rogers, Dlodlo

The High Court dismissed most of the appeal in a delict claim for assault and unlawful arrest, but set aside an attorney-and-client costs order.

• Unlawful Arrest
• Assault
• Damages
• Excessive Force
• Burden Of Proof
• Unlawful-arrest

Fanti v S (228/2013)

Fanti v S (228/2013) [2014] ZAECGHC 102 (28 October 2014)

Court

Eastern Cape High Court, Grahamstown

Case number

228/2013

Judges

J M Roberson, C M Plasket

The court held that the appellant's use of a potentially lethal weapon was excessive in relation to the attack by the now unarmed deceased. Although the appellant was attacked and threatened, once she had taken the knife from the deceased, her life was no longer in imminent danger. The appellant could have used less dangerous means to defend herself, such as extricating herself from the deceased's grip or removing the deceased's hand from her hair. The force used was not the only or least dangerous means available, and the appellant ought reasonably to have foreseen the possibility of death r…

Source excerpt

• Culpable Homicide
• Self Defence
• Excessive Force
• Reasonable Possibility
• Unlawful Attack

Khani v Minister of Safety and Security and Another (735/08)

Khani v Minister of Safety and Security and Another (735/08) [2012] ZANCHC 2 (27 January 2012)

Court

Northern Cape High Court, Kimberley

Case number

735/08

Judge

L P Tlaletsi

A High Court held that a police constable was justified in shooting a man who produced a firearm in a crowded hall, and dismissed the damages claim.

• Police Use Of Force
• Private Defence
• Excessive Force
• Onus Of Proof
• Reasonable Police Conduct
• Police-use-of-force

September v S (A442/2007)

September v S (A442/2007) [2008] ZAWCHC 288 (7 November 2008)

Court

Western Cape High Court, Cape Town

Case number

A442/2007

Judges

Erasmus, Dicker

The High Court altered a murder conviction to culpable homicide after finding the accused exceeded private defence by stabbing the deceased during a fight.

• Private Defence
• Culpable Homicide
• Murder
• Excessive Force
• Self Defence
• Private-defence