South Africa Case Law

Monareng v Minister of Police (2081/2020)

Monareng v Minister of Police (2081/2020) [2025] ZAFSHC 229 (5 August 2025)

Court

Free State High Court, Bloemfontein

Case number

2081/2020

Judge

Opperman

The court found that the SAPS Special Task Force members acted lawfully and within the bounds of section 49 of the Criminal Procedure Act. The operation was based on credible intelligence regarding dangerous suspects involved in violent crimes. The SAPS members were properly briefed, used marked vehicles and a helicopter, and attempted a box-in manoeuvre to effect arrest. The plaintiff's vehicle fled, and shots were fired at the police from the suspect vehicle. Forensic evidence linked the plaintiff to the firearm found in the vehicle, which had an erased serial number and was unlicensed. The…

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• Use Of Force In Arrest
• Section 49 Criminal Procedure Act
• Vicarious Liability
• Damages For Police Shooting
• Onus Of Proof
• Proportionality Of Force

Siphika v The Minister of Police (40039/2017)

Siphika v The Minister of Police (40039/2017) [2021] ZAGPJHC 140 (10 August 2021)

Court

South Gauteng High Court, Johannesburg

Case number

40039/2017

Judge

F Bezuidenhout

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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• Leave To Appeal
• Causation
• Self Defence
• Necessity
• Credibility Of Witnesses
• Proportionality Of Force

S v Goosen and Another (CA&R 118/2005)

S v Goosen and Another (CA&R 118/2005) [2005] ZANCHC 114 (14 December 2005)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 118/2005

Judges

Kgomo, Majiedt

Appeal by two police officers against convictions for assault with intent to do grievous bodily harm was dismissed; the court upheld the convictions and sentences.

• Assault With Intent To Do Grievous Bodily Harm
• Minimum Force In Arrest
• Police Misconduct
• Statutory Authority For Force
• Proportionality Of Force
• Assault-with-intent-to-do-grievous-bodily-harm