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South Africa Case Law

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Delict [2022] ZAKZDHC 53

Ngwazi v Minister of Police (7990/2016)

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.

  • Vicarious Liability
  • Wrongful Shooting
  • Use Of Force
  • Self Defence
  • Criminal Procedure Act Section 49
  • Police-use-of-force
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Delict [2017] ZAWCHC 33

Mandhlaami v Minister of Police (7279/2013)

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,…

  • Public Order Policing
  • Use Of Force
  • Necessity
  • Voluntary Assumption Of Risk
  • Rubber Bullet Injury
  • Crowd Management
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.