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South Africa decisions
Decisions matching the current search
Lingani v Minister of Police (384/2021) [2024] ZAECBHC 33 (5 December 2024)
The High Court held the Minister of Police liable after finding that a plaintiff was struck by a rubber bullet fired by police during Covid-19 lockdown enforcement.
Engelbrecht v City of Tshwane Metropolitan Municipality (75626/2016) [2020] ZAGPPHC 776 (29 December 2020)
The court found that the plaintiff was the author of his own misfortune, having failed to stop after two collisions and having engaged in a physical altercation with Officer Mapatshoe. The officer had reasonable grounds to suspect the plaintiff of offences and acted to effect a lawful arrest. The discharge of the firearm occurred during a struggle, and the evidence supported the officer's version that he acted in self-defence and did not intentionally shoot the plaintiff. The plaintiff's conduct exposed him to foreseeable risks, and the requirements for the defences of self-defence and necess…
Source excerpt
Mosinki and Others v Minister of Police (CIV APP RC01/2020) [2020] ZANWHC 34 (22 May 2020)
The High Court upheld an appeal against dismissal of an unlawful arrest claim, holding the police lacked individualized reasonable suspicion to arrest all occupants.
Dyonashe v Ministry of Safety and Security (CA222/2017) [2018] ZAECGHC 120 (20 November 2018)
The High Court upheld an appeal after finding that the magistrate wrongly rejected uncontradicted evidence that the appellant had been unlawfully shot by police.
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