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South Africa decisions
Decisions matching the current search
Serapelo v Minister of Police (1626/2017) [2024] ZANWHC 57 (1 March 2024)
The court dismissed a damages claim arising from a rubber-bullet injury during protests, finding the police officer’s conduct justified and not negligent.
Mhlongo v Minister of Police and Another (A3942/2014) [2014] ZAGPPHC 776 (9 October 2014)
The court found that the evidence established the defence of private defence. Captain Nkuna was trapped inside the house and faced a sustained and ferocious attack by the plaintiff and his cousin, who were armed with wheel spanners and threatening to kill him. The court accepted that Captain Nkuna reasonably believed his life was in danger and that his only means of defence was his firearm. The shooting was found to be a reasonable and necessary response to the imminent threat. The court also noted inconsistencies in the evidence of both the defendants and the plaintiff but concluded that the…
Source excerpt
Petersen and Another v Minister of Safety & Security (514/2008) [2009] ZASCA 88; [2010] 1 All SA 19 (SCA) (10 September 2009)
The Supreme Court of Appeal held that police shooting that injured a minor during a violent confrontation was justified by necessity, and dismissed the appeal.
Trident Security Services (Pty) Limited and Another v Bakana (A10/07_) [2007] ZAWCHC 337 (5 April 2007)
Appeal over public bag search dismissed on the merits, but damages for dignity and privacy infringement were reduced from R70,000 to R30,000.
Times Media Ltd. and Others v Niselow and Another (195/03) [2004] ZASCA 134; [2005] 1 All SA 567 (SCA) (1 December 2004)
Defamation appeal about a newspaper report on food poisoning at the All Africa Games. The court held plaintiffs were bound by pleaded meanings, and the appeal succeeded.
Minister of Safety and Security v Ntamo and Others (389/01) [2002] ZASCA 127; 2003 (1) SA 547 (SCA) (26 September 2002)
The Supreme Court of Appeal held that the Minister failed to prove justification for police shooting and killing the deceased, so the appeal was dismissed.
Neethling v Du Preez and Others, Neethling v Weekly Mail and Others (184/91, 401/91) [1994] ZASCA 133; 1995 (1) SA 292 (AD); [1995] 1 All SA 441 (A) (27 September 1994)
The court held it could assess damages itself in principle, but remitted the defamation cases to the trial court because no special circumstances justified departure from the usual rule.
Beckett and Another v Buthelezi (195/88) [1990] ZASCA 13 (15 March 1990)
The court upheld a defamation award against a magazine and its editor for publishing false allegations that Mangosuthu Buthelezi commanded violent impi regiments.
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