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South Africa decisions
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Zide v Xhobani Security Services and Another (CA 50/2023) [2025] ZAECMHC 5 (11 February 2025)
Appeal dismissed in a shooting-injury claim arising from a student protest. The court found the appellant unreliable, and held the force used was justified.
Ranoto and Others v City of Tshwane Metropolitan Municipality (56794/2020) [2024] ZAGPPHC 1278 (29 November 2024)
High Court judgment on a police shooting during a vehicle chase. The court found the Metro Police acted in self-defence and necessity, dismissing the plaintiffs’ claims with costs.
Edwards v Minister of Police (2021/21842) [2024] ZAGPJHC 1143; 2025 (1) SACR 364 (GJ) (11 November 2024)
The court found the defendants' version more probable than the plaintiff's. The crowd was not peaceful but agitated and violent, refusing to disperse and threatening police and public safety. The SAPS attempted to negotiate and persuade the crowd to leave, but when these efforts failed, they used a stun grenade and fired rubber bullets. The court held that the police were protecting legal interests against a dangerous situation and had no other reasonable means of averting the danger. The force used was not excessive under the circumstances. The requirements for the defence of private defence…
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Koingnaas Belastingbetalersvereniging v Kamiesberg Local Municipality and Another (2609/2021) [2024] ZANCHC 111 (11 October 2024)
The court found that the applicant, Koingnaas Belastingbetalersvereniging, lacked locus standi in the counter-application due to non-compliance with its own constitution, which was dispositive of its participation. The applicant's reliance on Van Staden NO and Others v Pro Whiz Group (Pty) Ltd was misplaced, as the right to participate is contingent on compliance with internal governance. The requirements for a final interdict were met by the municipality, which acted to protect its functions from unlawful interference. The applicant's arguments regarding necessity and the development of comm…
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Lehlehla v Minister of Police (A37/2023) [2024] ZAWCHC 107 (19 April 2024)
Full bench appeal over a police shooting claim held that pleadings were broad enough to include failure to deploy the POP unit and reversed dismissal.
Blos v Minister of Police (114/2019) [2023] ZANWHC 126 (20 July 2023)
The court found that the defendant failed to plead and prove any lawful justification for the shooting of the plaintiff. The evidence established that the plaintiff was shot by Colonel Selogilwe, a SAPS member, during a protest, but the defendant's plea did not allege any wrongful conduct by the plaintiff or circumstances justifying the shooting. The defendant's reliance on self-defence and necessity was unsupported by the evidence and contradicted by the plea. The court held that Selogilwe's conduct was not objectively reasonable, as he created the emergency by confronting the protestors alo…
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Ngwazi v Minister of Police (7990/2016) [2022] ZAKZDHC 53 (2 December 2022)
The court dismissed a damages claim arising from a police shootout, finding the officers’ use of force was justified by self-defence and necessity.
Lehlehla v Minister of Police (13151/2014) [2022] ZAWCHC 235; [2023] 1 All SA 438 (WCC) (17 November 2022)
The court found that the SAPS members were justified in firing rubber bullets due to necessity. They were hopelessly outnumbered by a violent crowd, had no access to alternative crowd control methods such as teargas or water cannons, and were compelled to act to protect life and property. The firing was not random or directed at the crowd but into the ground as trained, and there was no evidence of excessive force or direct targeting. The plaintiff, by entering the area of protest despite clear signs of unrest and gunfire, voluntarily assumed the risk of injury. The pleaded case did not estab…
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Siphika v The Minister of Police (40039/2017) [2021] ZAGPJHC 140 (10 August 2021)
The court found that the application for leave to appeal was fatally defective for failing to comply with rule 49(3), as the grounds of appeal were not clearly and succinctly set out. Even if the application were not defective, the court held that there was no reasonable prospect that another court would come to a different conclusion on the merits. The plaintiff's reliance on Govender was misplaced, as the facts were materially different; in the present case, the police fired a shot during a struggle over a firearm in the context of a violent crowd, not at a fleeing suspect. The trial court'…
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Siphika v Minister of Police (40039/2017) [2021] ZAGPJHC 18 (11 January 2021)
The court found that the plaintiff failed to discharge the onus of proving that he was unlawfully assaulted by a police officer. The evidence established that the plaintiff was injured by a bullet discharged from Detective Rapoone’s firearm, but the circumstances indicated that the officer was under attack by a violent crowd and acted in self-defence and necessity. The plaintiff’s version was riddled with inconsistencies and improbabilities, and he failed to call key witnesses to corroborate his account. The police officers’ evidence was accepted as credible and reliable. The court held that…
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