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South Africa decisions
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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.
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.
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.
Minister of Police and Others v Umbhaba Estates (Pty) Ltd and Others (1281/2021) [2023] ZASCA 85; [2023] 9 BLLR 880 (SCA); (2023) 44 ILJ 2462 (SCA) (1 June 2023)
The Supreme Court of Appeal held that the police failed in their constitutional and statutory duties to prevent violence and damage to property during the strike at Umbhaba Estates. The police were repeatedly notified of the escalating situation and were made aware of court orders requiring intervention, yet their response was inadequate and fell short of what reasonable police officers would have done. The court found that both wrongfulness and negligence were established: the police's omission to act was unacceptable to constitutional and public policy standards, and the harm was reasonably…
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Phawe and Others v Minister of Police (1403; 1404/2016; 1405/2016) [2019] ZANWHC 51 (28 November 2019)
The court found that the defendant, having admitted the assault, bore the onus to prove its lawfulness. The evidence established that a court order existed requiring striking workers to remain 500 meters from Botshelo Mills, and that the police conveyed this order to union representatives, who were instructed to inform the workers. The police initially used non-lethal methods (stun grenade, teargas) to disperse the crowd, but only resorted to firing rubber bullets after the situation escalated to lawlessness, including road blockages, arson, and attacks on motorists and police. The court acce…
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Mandhlaami v Minister of Police (7279/2013) [2017] ZAWCHC 33 (29 March 2017)
The court found that the police were lawfully deployed to restore public order during a violent and destructive strike in the Hex River Valley. The use of rubber bullets was justified as less forceful methods had proved ineffective or were unavailable. The police acted in accordance with statutory and standing order requirements, using force only when necessary and in a measured manner. The plaintiff's evidence regarding his whereabouts and conduct was questionable, but there was no direct evidence to contradict his claim that he was shot while not participating in the protest. Nevertheless,…
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