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South Africa decisions
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Dyibishe v Minister of Police (3050/2019) [2023] ZAECMKHC 108 (5 October 2023)
The High Court held the Minister of Police liable after finding that Nomsa Dyibishe was shot by police during a Bathurst crowd-control operation.
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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Khani v Minister of Safety and Security and Another (735/08) [2012] ZANCHC 2 (27 January 2012)
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.
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.
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