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South Africa decisions
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Mbombi v Minister of Police (74946/2019) [2025] ZAGPPHC 526 (22 May 2025)
The High Court dismissed a damages claim arising from a police shooting, finding the plaintiff failed to prove unlawful conduct and accepting self-defence.
Sitimela v Mphara and Another (21719-2010) [2024] ZAGPJHC 240 (29 February 2024)
The High Court held a police shooting of the plaintiff was unlawful, rejected self-defence, and dismissed the separate claim for unlawful arrest and detention.
Phekani and Another vs Minister of Police and Others (2013/5202) [2022] ZAGPJHC 1023 (28 December 2022)
The plaintiff failed to prove, on a balance of probabilities, that he was rendered unemployable by the shooting incident. No medical or occupational evidence substantiated physical incapacity, and psychological diagnoses were based on self-reported symptoms, not expert findings of unfitness for work. The plaintiff's own evidence showed post-incident economic activity and attributed business closure primarily to financial constraints and community stigma, not injury. Actuarial calculations relied on unsound assumptions and inaccurate earnings figures. Given the lack of reliable evidence, the c…
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Williams v Blunden (1967/2018) [2021] ZAECPEHC 35 (25 May 2021)
The High Court dismissed a delict claim arising from a shooting, finding the plaintiff failed to prove deliberate or negligent conduct on a balance of probabilities.
Vinger v Minister of Safety and Security (33574/11) [2020] ZAGPPHC 714 (23 November 2020)
The High Court held that the defendant failed to justify the shooting of the plaintiff and ordered the defendant liable for 100% of proven or agreed damages.
Zonela v Minister of Police (3306/2018) [2020] ZAECMHC 45 (17 September 2020)
The High Court held the Minister of Police liable after finding that the plaintiff was unlawfully shot by police officers and had made out a prima facie case.
Mathibela v Minister of Police (36972/2017) [2020] ZAGPPHC 4 (15 January 2020)
The court found that Seloane, a police officer, unlawfully shot the plaintiff with his SAPS-issued firearm while off duty, acting with intent to kill. Although Seloane was on his own frolic, the defendant failed in its constitutional and statutory duties by not ensuring Seloane surrendered his firearm when off duty and by not enforcing competency and psychological debriefing requirements after prior misconduct. The defendant's omissions created a foreseeable risk of harm to the public, particularly given Seloane's history of firearm misuse. The court held that there was a sufficiently close l…
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Nkosi v Minister of Police (31446/2015) [2019] ZAGPJHC 285 (22 August 2019)
The court assessed damages for an unlawful police shooting, awarding compensation for future medical care, general damages, and loss of earning capacity.
Mgijima v Minister of Police and Others (40923/13) [2018] ZAGPPHC 550 (26 April 2018)
The court found that the police acted unlawfully and recklessly in shooting the plaintiff, who was merely gambling and smoking dagga with friends and ran away out of fear for his life. There was no evidence that the plaintiff was identified as a suspect in a robbery or posed any threat to the police. The plaintiff's conduct in running away did not amount to contributory negligence. The court accepted the plaintiff's evidence as honest and reliable, noting that discrepancies in his statements were not material. The first defendant, Minister of Police, was held 100% liable for the damages suffe…
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Mmolawa v MEC For Human Settlement and Another (1108/12) [2015] ZANWHC 1 (8 January 2015)
High Court held the defendants liable after finding a traffic officer’s shooting of the plaintiff was unlawful and not justified under section 49 or self-defence.
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